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1. The Defendant (Counterclaim Plaintiff) paid KRW 11,947,154,083 to the Plaintiff (Counterclaim Defendant) and its related amount from March 26, 2015 to November 19, 2015.
Reasons
1. On December 21, 2011, the Solomon Savings Bank (hereinafter “ Solomon Savings Bank”) concluded a sales contract to sell real estate (hereinafter “instant real estate”) listed in the [Attachment 1] to the Defendant for KRW 99,00,000,000 on the basis of the underlying facts (hereinafter “instant sales contract”) on the condition that the Solomon Savings Bank enter into a lease contract to lease the instant real estate from the Defendant on the condition of full transaction (performance). The terms of the instant sales contract concerning “the conclusion of the lease contract” are as follows.
Article 4 Unless otherwise agreed, the Solomon Savings Bank and the Defendant shall carry out the following transactions on the date (the date of completion of the transactions) which comes first among the two business days from the date on which the conditions set forth in this Agreement are met (as stipulated in Article 7, the conclusion of the lease contract, etc.) or the two business days from the date set forth in this Agreement (as stipulated in Article 7, the conclusion of the lease contract, etc.).
(a) The Solomon Savings Bank shall, at the same time, deliver to the defendant all necessary documents to transfer the ownership of the Solomon Savings Bank on this real estate to the defendant, and transfer the ownership to the defendant in a state where no security right is established, and transfer the possession of this real estate to the defendant.
(b) The defendant shall pay the balance to the Solomon Savings Bank as provided in Section 2.2 (b).
Provided, That this case shall be deemed to have been fully paid if the remainder after deducting a rental deposit under Section 5.2 (c) and an advance payment rent under Section 5.2 (e) is paid.
Article 5.1, the execution of the lease agreement, Article 5.1, and the defendant must conclude a lease agreement with the Solomon Savings Bank prior to the completion date of the transaction with the defendant to the Solomon Savings Bank.
§ 5.2. Major terms and conditions of this lease are key to this lease.