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1. The Defendant’s KRW 3,519,80,000 for the Plaintiff and KRW 6% per annum from December 20, 2018 to July 25, 2019.
Reasons
1. Basic facts
A. The Plaintiff is a company that manufactures and sells tobacco, engages in the manufacture and sale of red ginseng, red ginseng products, and functional health foods, and the Defendant is a company that engages in the business of manufacturing and selling land and its fixtures and the business related thereto.
B. On March 27, 2017, the Korea Land and Housing Corporation (1) concluded a sales contract with D on the instant land supply of the Korea Land and Housing Corporation and C’s succession to the purchaser status, with the content that the Korea Land and Housing Corporation would create E large scale 878 square meters (hereinafter “instant land”) according to the Housing Site Development Promotion Act as a housing site for the use of neighborhood living facilities and sell the said land for KRW 4,002,275,000 (hereinafter “previous sales contract”).
According to the previous sales contract, 400,227,50 won of contract deposit among the purchase price is to be paid on March 27, 2017, and KRW 900,500 of the first intermediate payment is to be paid on September 27, 2017, and KRW 950,000 of the second intermediate payment is to be paid on March 27, 2018, and KRW 950,000 of the third intermediate payment is to be paid on September 27, 2018, and KRW 950,000 of the remainder is to be paid on March 22, 2019, respectively.
(2) On May 22, 2017, D, C (hereinafter “C”), and the Korea Land and Housing Corporation entered into a contract to succeed to the rights and obligations of D under the previous contract.
C. On December 7, 2017, the Plaintiff and C entered into a sales contract with C to purchase the instant land at KRW 4.77 billion (hereinafter “instant sales contract”). The details relating to the instant contract are as follows.
In addition, while entering into the instant sales contract, the Plaintiff and C deposited the down payment of KRW 500 million in the account in the name of the Defendant, intermediate payment of KRW 3 billion in the remainder, KRW 1.27 billion in each of the remainder under the instant sales contract, and KRW 500 million in the above intermediate payment of KRW 3 billion in C, and KRW 500 million in the above intermediate payment of KRW 1.27 billion in the Korea Land and Housing Corporation and KRW 570 million in the above remainder.