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1. The Defendant: (a) KRW 1,103,00,000 for the Plaintiff and KRW 15% per annum from May 24, 2019 to May 31, 2019; and (b) thereafter, shall be the following:
Reasons
1. Determination as to the cause of claim
A. 1) In fact, the Plaintiff: (a) sold 56 units, such as the Jingu-si C Building D units in Changwon-si (hereinafter “instant building”) at KRW 1185 million to E; and (b) received down payment KRW 1185 million from E.
B) As E could not pay any balance, E requested the buyer to change the purchaser to F Company (F Company F changed its trade name to “F Company G” on May 7, 2019.
“G” regardless of whether it is before or after the change.
(C) On May 11, 2018, the Plaintiff entered into a sales contract with G on May 11, 2018, with the condition that G succeeds to the remainder of KRW 118.5 million, and that the remainder of KRW 1.665 million ( KRW 1.15 million = KRW 1.15 million-185 million) from May 11, 2018 to the remainder of payment shall be borne by G, and the rate of interest shall be 15% per annum. (D) The Plaintiff entered into a sales contract with G on August 1, 2018 pursuant to the buyer’s change agreement with G, and with the content that sold the instant building at KRW 1.185 million per annum (Evidence 1; hereinafter referred to as “instant sales contract”).
(2) On July 26, 2018, G awarded a contract for the extension of the building of this case at the contract price of KRW 4.57 billion to the Defendant on July 26, 2018 (hereinafter “instant contract”).
(B) As G was difficult to pay the remainder to the Plaintiff by September 12, 2018 under the instant sales contract, G asked the Defendant, who received a contract for the extension of a building, to provide joint and several surety for the remainder.
C) On September 6, 2018, the Defendant: (a) determined the amount guaranteed to the Plaintiff as “13 billion won”; (b) due date for payment (“13 billion won”; and (c) written statement to the effect that the Defendant guarantees payment (joint and several guarantees) of G’s obligation to pay the instant purchase-price (Evidence A; hereinafter “each of the instant notes”).
In this case.