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1. From September 17, 2010 to April 15, 2017, the Defendant paid to the Plaintiff KRW 177,000 and the above KRW 177,00,000 among the above amounts.
Reasons
1. On September 16, 2010, the Plaintiff filed a claim with the Defendant for the payment of the remainder of KRW 177,00,000, since it did not pay the remainder of the purchase price of the instant land to the Plaintiff, as the Plaintiff did not pay the remainder of KRW 177,00,000 among the purchase price of the instant land.
In addition, even though the Defendant agreed to collect soil and sand from the instant land at the time of the instant purchase and sale contract, it did not perform the restoration work. Ultimately, the Plaintiff paid KRW 30 million on behalf of the Defendant, thereby completing the restoration work for the instant land.
Therefore, the plaintiff suffered losses equivalent to KRW 30 million for restoration of the original state. Therefore, the plaintiff is seeking payment of the above amount to the defendant.
2. Article 208 (3) 3 of the Civil Procedure Act (Judgment by public notice) of the applicable provisions of Acts;
3. Part concerning partial dismissal.
A. The Plaintiff claimed against the Defendant for payment of KRW 30 million per annum from September 17, 2010 to April 15, 2017 with 5% per annum, and 15% per annum from the following day to the date of full payment.
B. However, in full view of the statements No. 4-1 and 3 as well as the overall purport of testimony and pleadings by witnesses D, restoration work for the instant land was completed on or around April 8, 2013, and the Plaintiff also seems to have spent construction expenses for restoration to its original state around that time.
In addition, the Defendant’s obligation to pay the cost of restoring the instant land to its original state is a debt with no fixed due date, and thus, the Defendant’s obligation to pay the cost of restoring the instant land arises from the date following the receipt of the claim for performance. As such, delay damages on the Defendant’s obligation to pay the cost of restoring the instant land to its original state shall be deemed as from April 16, 20
Therefore, among the plaintiff's claims, the cost of the land restoration works.