Text
1. The Defendant shall pay to the Plaintiff KRW 150,00,000 and the interest rate of KRW 12% per annum from July 17, 2019 to the date of full payment.
Reasons
1. Basic facts
A. On March 17, 2015, the Plaintiff and C and D (hereinafter “Plaintiff, etc.”) sold to E Co., Ltd. (hereinafter “Nonindicted Company”) the purchase price of KRW 630 million in the form of the J F, G, H, I, and D owned by the Plaintiff (hereinafter collectively “instant real estate”) at KRW 50 million in the form of the intermediate payment of KRW 10 million in the form of the contract, the KRW 10 million in the form of the intermediate payment of KRW 150 million in the form of the contract and the transfer of the ownership of the non-party company’s commercial site, the remainder KRW 70 million in the form of the acquisition of the building permit and the transfer of ownership of the non-party company, and the remainder KRW 470 million in the form of the remainder after consultation with the non-party company. At that time, the non-party company received KRW 10 million in the form of the down payment from the non-party company.
B. On August 6, 2015, the Plaintiff lent KRW 60 million to K, the representative director of the non-party company, and on the same day, from K, the Plaintiff prepared and issued a written statement stating, “I, by August 27, 2015, pay the intermediate payment of KRW 500 million (including the agricultural cooperative loans) and pay the balance of KRW 120 million by September 30, 2015, because there was a cause attributable to the non-performance of the sales contract, I will waive the rights to advance and all contracts, respectively.”
C. From September 30, 2015, the non-party company and K did not pay KRW 150 million out of the purchase price to the Plaintiff, etc., and on February 26, 2016, K and the Defendant requested that the Plaintiff first file for the registration of ownership transfer concerning the instant real estate instead of newly constructing an apartment on the instant real estate and paying it as a substitute on the instant real estate, instead of paying it as a substitute, while constructing a new commercial apartment and three apartment units (16 households) on the instant real estate, and the non-party company sold one of 16 households to the Plaintiff.