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1. The Defendant’s KRW 95 million to the Plaintiff and the Plaintiff’s 5% per annum from November 1, 2007 to May 21, 2017.
Reasons
1. Facts of recognition;
A. On April 9, 2007, upon introduction by the Defendant, the Plaintiff entered into a contract with the agent D and C to purchase the Gangseo-gu Seoul Metropolitan Government E Apartment-type E apartment purchase right (hereinafter “instant purchase right”) with KRW 190 million and paid KRW 10 million for the down payment.
B. At the time, the Defendant: “I swear that I will compensate the Plaintiff for the full amount of the principal amount of KRW 190,000,000 when there is a defect in the sale and introduction of E occupancy rights (the instant right to parcel out). I shall prepare and deliver a written statement of performance in writing to the Plaintiff.”
On April 13, 2007, the Plaintiff paid the balance of the purchase price of KRW 180 million to C’s agent D, and paid KRW 5 million for real estate brokerage fees.
C. At the end of August 2007, the Plaintiff won the winning in 204 by drawing lots of apartment houses with respect to the sales right of this case.
Since then, the Plaintiff issued relevant documents to the Defendant to sell the sales right of this case.
The defendant, on September 10, 2007, will pay to the plaintiff on September 10, 2007, the amount of KRW 2.5 million up to 9/30,000,000 from the acquisition and cancellation of the documents for the purpose of sale, and the number of 9/30,000,000 won.
“The document acceptance certificate was written and issued in writing.”
Since then, until October 30, 2007, the Defendant paid to the Plaintiff KRW 110 million out of the sales price of the instant sales right.
[Evidence Evidence] Uncontentious Facts, Gap 1-8, the purport of the whole pleadings
2. The parties' assertion
A. Although the Defendant agreed to sell the instant sales slip to the Plaintiff by September 30, 2007 and to pay KRW 25 million to the Plaintiff, the Plaintiff paid KRW 1100 million to October 30, 2007 after selling the instant sales slip, and thus, the Plaintiff is obligated to pay the remaining agreed amount of KRW 95 million and delay damages.
B. The defendant delivered relevant documents to F upon receiving a request from the plaintiff for the sale of the instant sales slip, and then F.