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1. The Defendant’s KRW 30,000,000 as well as 5% per annum from November 6, 2010 to July 1, 2015 to the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a corporation that constructed Busan-gu B, and on March 5, 2007, the Defendant subcontracted the metal hold construction work from the Plaintiff to April 30, 2007, for the price of KRW 3.5 billion.
B. When the Plaintiff could not pay part of the above construction price to the Defendant on May 13, 2009, the Plaintiff entered into a commercial sales agreement with the Defendant on May 13, 2009 with the content that the Plaintiff shall pay the total sales price of KRW 430,000,000, the down payment and the intermediate payment amount of KRW 130,000,000, and the remainder of KRW 300,000,000, which are owned by the Plaintiff (hereinafter “instant commercial sales”).
C. At the time, the said down payment and intermediate payment KRW 130,000 shall be paid in lieu of KRW 130,000 for the remainder of the construction work to be paid by the Plaintiff to the Defendant. The remainder of KRW 300,000 shall be paid on the condition that the Defendant received the Plaintiff’s agricultural loan KRW 260,000,000, and the interest shall be borne by the Defendant from May 13, 2009, and the payment was to be settled as of December 31, 209.
However, on October 26, 2009, the Defendant failed to repay the above agricultural loan to the commercial building of this case, and the Defendant submitted a lien report stating that the remaining construction cost of the Plaintiff is KRW 198,300,000.
E. On April 26, 2010, the Plaintiff and the Defendant rescinded the agreement on the sale of the above commercial building, and recognized the Plaintiff’s remainder amount of KRW 162,00,000 (including value-added tax) to the Defendant as the Defendant’s lien. In the event that the Defendant’s exercise of the Defendant’s right of retention causes indemnity or the Defendant acquires the commercial building of this case, a written agreement that the Defendant would pay KRW 30,000,000 to the Plaintiff as the usage fee (hereinafter “instant agreement”).
F. On October 4, 2010, the Defendant was awarded a bid of KRW 205,00,000 for the instant commercial building in the name of the representative director C, and paid in full on November 5, 2010, and on the same day.