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1. The Defendant shall pay to the Plaintiff KRW 51,507,712 and the interest rate of KRW 15% per annum from August 30, 2017 to the date of complete payment.
Reasons
1. Basic facts
A. On December 10, 2014, the Defendant entered into the instant contract between the Defendant and C Co., Ltd. (hereinafter “Nonindicted Company”) and the Defendant: (a) On December 10, 2014, the main complex building (hereinafter “instant building”) with the size of eight floors above the ground level, both the Jeonsung-gun, Jeonsung-gun, the Defendant owned by the Nonparty Company.
2) A new construction project (hereinafter referred to as “instant construction project”)
(A) The contract amount of KRW 5.8 billion, the construction period from December 10, 2014 to March 31, 2016, and the rate of penalty for delay was set at 1/100 per day for the portion of non-execution of the construction work (hereinafter “instant contract”).
A) The Defendant and the non-party company set forth the terms and conditions of the instant contract, which are set forth below.
1. Agreed matters concerning the ownership of the right of sale - The ownership of 10 households out of the total 62 households by the defendant shall be owned by the non-party company 52 households, and the ownership of the total 9 households and the total 10 households of the 8th E-10th unit of the 3rd floor shall be completed by the non-party company with all of the taxes and public charges to be borne by the company and at the same time on completion.
- The non-party company shall provide security in relation to the construction of the second floor G of the F building at the time of Jeonnam-si and shall make a provisional registration of establishment of a junior priority in the name of H after completion of the construction.
(Provided, That the amount of loans for financial rights shall be less than one billion won) - Expenses for provisional registration of subordinated establishment shall be borne by the non-party company.
2. All bank documents related to the loan of the construction cost of this construction shall be signed and sealed immediately by the defendant at the request of the non-party company.
3. The construction cost shall be paid as the top priority, and for any reason, the construction cost shall not be charged to the defendant by the non-party company.
2) Around July 2015, the non-party company discontinued the instant construction after completion of the construction of the second floor of the instant building. 3) around March 2016, the Defendant notified the non-party company of the cancellation of the instant contract, and the non-party thereto.