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The Defendants jointly share KRW 170,000,000 with respect to the Plaintiff and 6% per annum from January 16, 2018 to September 23, 2020.
Reasons
1. Facts of recognition;
A. On January 20, 2017, the Plaintiff entered into a sales contract with Defendant B Co., Ltd. (hereinafter “Defendant B”) on the E-owned land, and its ground-based factory buildings and F land (hereinafter “each of the instant real estate”) owned by the Plaintiff, with the purchase price of KRW 950,00,000, and the down payment of KRW 95,000,000 shall be replaced by the amount already received from the Defendants, and the remainder of KRW 85,000,000 shall be paid until March 31, 2017 (hereinafter “instant sales contract”).
B. On March 16, 2017, the Plaintiff completed each registration of ownership transfer based on the instant sales contract in the future of Defendant B with respect to each of the instant real estate, and Defendant B paid the Plaintiff KRW 780,000,000 out of the sales price until March 16, 2017.
C. On the other hand, around March 15, 2017, Defendant C and Defendant D, the representative director of Defendant C and the above Defendant, prepared a cash custody certificate stating that “The remainder of the purchase price under the instant sales contract is KRW 170,000,000 shall be paid to the Plaintiff by July 31, 2017, and the interest shall be paid KRW 850,000 per month.”
The Defendants paid 8,400,000 won in total to the Plaintiff several times from April 15, 2017 to January 18, 2018 as interest accrued from the said cash storage certificate.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 4, 5, Eul evidence Nos. 3, 4, 6 through 9, 11, and the purport of the whole pleadings
2. According to the facts found in the judgment on the cause of claim, the Defendants jointly pay to the Plaintiff the remainder of KRW 170,000,000 for the purchase price under the instant sales contract until July 31, 2017, and the annual interest rate of KRW 10,200,000 per annum under the agreement between the Plaintiff and the Defendant on the date of repayment (=850,000 x 12) constitutes KRW 170,000 for sales price payable (=10,200,000 / 170,0000 x 100%).