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1. The Defendant’s KRW 134,769,916 and KRW 111,945,848 among the Plaintiff, respectively, shall be from February 12, 2015 to September 15, 2015.
Reasons
1. Basic facts
A. On November 7, 2013, the Plaintiff entered into a contract with the Defendant to purchase Criart 203 (won B107) (hereinafter “instant sales contract”). Under the agreement between the Plaintiff and the Defendant on November 7, 2013, the Plaintiff agreed that the rate of late payment in the event that the Plaintiff delayed the payment of the sale price and the rate of late payment in the event that the Defendant is a completed body, etc., 12% per annum. The Plaintiff agreed to return the amount calculated by deducting 10% from the purchase price received by the Defendant, where the Defendant rescinds the contract because the Plaintiff did not receive a peremptory notice at least twice from the Defendant for a fixed period of at least 14 days. In the event of delay or impossibility of performance for more than three months, the Plaintiff may cancel the contract. In the event that the Plaintiff cancels the contract, the Plaintiff did not agree to return the amount to the Plaintiff.
B. The Plaintiff paid the Defendant the sales price of KRW 492,945,848 on May 8, 2013, KRW 200 million on December 20, 2013, KRW 181 billion on March 10, 2014, KRW 492,945,848 on the aggregate.
C. The Defendant agreed on May 30, 2014 to the scheduled date for completion of the instant sales contract, and on June 30, 2014, but the actual completion was completed around September 2014. On November 21, 2014, the Plaintiff demanded that the Defendant complete the registration for transfer of ownership by remitting the remainder amount of USD 22,074,152 to the Defendant, including the registration for payment of KRW 50,000,000,000,000,0000,0000,000,0000,000,000,0000,000,000,000,000,000,000
On February 11, 2015, the Plaintiff received a refund of KRW 381,00,000, which is a part of the sale price from the Defendant.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3-1, 2, 3, 4, 5, 6-1, 2, 7 through 10, and the purport of the whole pleadings.
2. Determination
A. According to the above facts, the sales contract of this case is concluded.