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1. The defendant shall pay 258,640,000 won to the plaintiff and 15% per annum from March 4, 2016 to the day of complete payment.
Reasons
1. Basic facts
A. On September 18, 2015, the Plaintiff’s agent C acquires the Plaintiff’s right to collateral security (right to collateral security (right to collateral security) established under the registration of the Seoul Southern District Court and the receipt No. 16783, Apr. 12, 2013 between the Plaintiff and the Defendant that represented the Defendant on September 18, 2015, with respect to the Defendant’s 111 and 113, the Seoul Yangcheon-gu Seoul Southern District Court’s registration and the Plaintiff’s right to collateral security (right to collateral security (right to collateral security) to the Defendant on April 12, 2013. The Plaintiff’s right to collateral security (right to collateral security) shall be KRW 1,010,000,000 as the acquisition price of the said right; KRW 50 million as the down payment; KRW 152,00,000 on September 18, 2015; KRW 808,000,00 for the said real property).
(2) The Plaintiff transferred the sum of KRW 228,640,000, totaling KRW 98,640,000 on September 22, 2015, as the intermediate payment, and KRW 80,000 on September 18, 2015, to the Defendant Han Bank account in accordance with the instant transfer and takeover contract.
3) However, since a pledge right to collateral security was not implemented to pay the balance of the instant transfer and acquisition agreement, the said claim with the Plaintiff was not transferred to the Plaintiff. (B) As the instant transfer and acquisition agreement between the Plaintiff and H was not performed as above, the Plaintiff’s agent G is a corporation H (hereinafter “H”) on December 21, 2015, depending on the fact that the instant transfer and acquisition agreement between the Plaintiff and H was not performed.
(2) The Plaintiff’s representative director D and the Defendant paid KRW 228,640,00 to the Defendant, plus KRW 30,000,000,000, and the conversion agreement that H shall pay to the Plaintiff within seven days from the date of distribution of the said real estate auction case (hereinafter “instant conversion agreement”).
AB concluded the agreement.
C. On February 18, 2016, the Plaintiff’s agent G of the Plaintiff’s additional conversion agreement between the Defendant, H, and D changes the assignment of claims, the transfer of claims, and the conversion agreement between the said D and the Defendant, H, and D.