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Defendant C Co., Ltd. shall pay KRW 30 million to the Plaintiff KRW 12% per annum from August 24, 2019 to the day of complete payment.
Reasons
1. On October 26, 2015, Defendant B Co., Ltd. (hereinafter “Defendant B”) concluded a sales contract with the Korea Land and Housing Corporation (hereinafter “LH Corporation”) for KRW 3,027,670,00 ( KRW 302,767,000, KRW 273,303,000, and KRW 272,40,000, and KRW 272,40,000, respectively, on the ground that the date of the agreement for the payment of the first installment of KRW 272,40,00,000 was the first installment, and the second installment was cancelled on April 26, 2016, October 26, 2016, and April 26, 2017; and the second installment was cancelled on April 26, 2017 through April 26, 2017; and thereafter, the sales contract was cancelled on April 16, 2017.
(hereinafter “instant sales contract”). Defendant B paid the contract deposit of KRW 302,767,00,000, and did not pay the sales amount.
On October 26, 2015, Defendant C Co., Ltd. (hereinafter “Defendant C”) purchased from Pyeongtaek-si E 5,827 square meters (hereinafter “instant land”). The contract deposit was paid, but the subsequent payment was not made.
G, in the vicinity of the land Nos. 1 and 2, sold the F canal wells in the vicinity of the instant land, introduced the Plaintiff representative director H to the Plaintiff Company I as the actual owner of the Defendants.
(I’s husband’s husband was Defendant B’s representative director. H and I agreed on the sale of the instant land Nos. 1 and 2. On August 29, 2017, the Plaintiff concluded a sales contract with Defendant B and the instant land No. 1 to purchase KRW 4.24 billion.
The Plaintiff agreed to pay the first down payment of KRW 300 million at the time of the contract, and to pay the second down payment of KRW 1224.4 million on December 29, 2017, and to pay the balance of KRW 2.185.2 million on March 30, 2018.
The main contents of a sales contract are as follows:
(hereinafter “The First Sale Contract”). On October 26, 2015, the seller as of October 2015 refers to “LH” and “the seller as of October 26, 2015.