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1. The Defendant shall pay to the Plaintiff KRW 54,842,00 and the interest rate of KRW 20% per annum from August 12, 2014 to the day of complete payment.
Reasons
1. Basic facts
A. The Defendant is a company running the business of real estate development, sale in lots, etc., and on April 15, 2014, the Plaintiff entered into a sales contract with the Defendant to purchase part of the land indicated in the attached Form 3-A and part of the adjoining road (road 15%) among the land in the attached Form 1 lot (hereinafter “instant real estate sales contract”).
B. The main contents of the instant sales contract are as follows.
1) The buyer’s total sum of KRW 52,900,000 for down payment of KRW 3,000,000 for down payment of KRW 20,000 for intermediate payment at the time of the contract, KRW 29,900,000 for the remainder payment of April 16, 2014, and KRW 29,900,000 for the remainder payment of April 22, 2014 (Won 1,058,000 for the remainder payment by April 22, 2014) provides the buyer with documents necessary for registration and development requested by the selling company as soon as possible after entering into the contract, and upon receiving any balance from the buyer, the selling company is entrusted to the certified judicial scrivener designated by the selling company in agreement with the buyer and completes the registration of ownership transfer.
In this case, the buyer may separately designate the nominal owner, and the selling company does not raise any objection (Article 3.3). In the event that the selling company violates this contract, the buyer shall pay a double of the down payment to the buyer, and if the buyer violates this contract, he shall not claim the return of the down payment, and this contract shall be null and void (Article 8.4).
(Article 12. Special Agreements). (c)
The Plaintiff paid KRW 3,00,000 to the Defendant as a down payment prior to the conclusion of the instant sales contract, and paid KRW 20,000,000 on April 16, 2014, and KRW 24,00,000 on April 18, 18 of the same month, and KRW 4,842,00 on February 2 of the same month, and paid the Defendant the purchase price of KRW 51,842,00 under the said contract (= KRW 52,90,000).