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1. The Defendant’s KRW 393,812,80, and the Plaintiff’s annual rate of KRW 5% from July 18, 2014 to November 13, 2015.
Reasons
1. Facts of recognition;
A. The Plaintiff’s implementation of the Plaintiff’s project is the implementer of the D Installation Project (E; hereinafter “instant Project”) that obtained the permission for the establishment of the Plaintiff’s project and the non-management authority’s implementation of the Plaintiff’s project, B and Nam-ju’s public notice.
B. 1) The Defendant entered into a contract for indemnity of obstacles (hereinafter “instant land”) and 1,497 square meters in G miscellaneous land and G miscellaneous land (hereinafter “instant land”) incorporated into the instant project in Namyang-si, Namyang-si.
3) On the ground, there are obstacles to the entry in the separate sheet on the ground (hereinafter “instant obstacles”).
(2) On July 3, 2014, the Plaintiff and the Defendant entered into a water indemnity agreement (hereinafter “instant agreement”) with the content that “the Defendant completely removed or transferred the instant obstacles by August 31, 2014, and the Plaintiff would pay compensation KRW 393,812,800 to the Plaintiff.”
3) The main contents of the instant contract are as follows. The compensation for the goods at the destination (including business compensation in the case of business compensation) under Article 2 are KRW 393,812,800. Article 3 (Procedures for Payment of Compensation) ① When the Defendant claims compensation with all documents requested by the Plaintiff, the Plaintiff shall pay the compensation in lump sum, barring any special circumstances. (1) The Defendant shall complete removal or transfer of the goods at the destination by August 31, 2014. (1) Article 6 (Cancellation of Contracts) ① The Plaintiff may rescind this agreement if any of the following causes arises: (2) When the Defendant violated the agreed terms and conditions or fails to faithfully implement the contract under paragraph (1), the Defendant shall promptly refund the compensation for the goods at the destination, etc. received from the Plaintiff. (4) The Defendant claimed the Plaintiff on July 4, 2014 pursuant to the instant contract:
Accordingly, on July 9, 2014, the Plaintiff passed a resolution to pay compensation for obstacles to the Defendant on or around July 18, 2014, and both the Defendant 393,812,800 won of compensation.