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1. The Defendant’s KRW 30,000,000 as well as the Plaintiff’s annual rate of 6% from June 19, 2015 to December 23, 2016, and the following.
Reasons
1. Basic facts
A. The Plaintiff is a stock company with the purpose of establishing housing construction business, real estate development business, etc., and the Defendant is a stock company with the purpose of establishing real estate sales and sale business.
B. From January 2015, the Plaintiff and the Defendant (the owner of the instant real estate) agreed to enter into a sales contract for the said real estate and business rights (a building permit).
C. On February 22, 2015, C, the actual representative of the Plaintiff, made D, who is a person in charge of the Defendant’s above sale and purchase, KRW 4.5 billion, the total purchase price of the above real estate and business rights, KRW 450 million, the intermediate payment of KRW 450 million, the intermediate payment of KRW 50 million, and the remainder amount of KRW 3.350 million, shall be determined as KRW 3.5 billion, and first, the Plaintiff paid KRW 100 million out of the above purchase price to the Defendant, and by March 25, 2015, made an oral promise to prepare a contract by specifying the method and date of payment of the remainder of the purchase price after determining the replacement of existing construction works, the method and date of payment of the bank loans, etc.
On February 24, 2015, the Plaintiff paid KRW 10 million to the Defendant.
E. However, even after the Plaintiff asserts that a contract with the Defendant should be prepared first for the specific progress, such as the selection of a contractor, while the Defendant asserts that the construction work should be guaranteed prior to the preparation of the contract and that the payment of the intermediate payment and the payment of the balance should be confirmed, and discussions continued without any agreement between the Plaintiff and the Defendant. In the process, the Plaintiff paid KRW 20 million to the Defendant on March 27, 2015.
F. On May 20, 2015, the Plaintiff received loans from each financial institution after 7 months from the date of concluding the contract, and pays the intermediate payment of KRW 50 million again 50 million after 8 months from the date of concluding the contract, and the remainder excluding the part of succession of the loan obligations of KRW 1.8 billion.