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(영문) 부산지방법원동부지원 2017.08.10 2016가단212762

매매대금

Text

1. The Defendant’s KRW 21,262,200 and KRW 20,320,00 among the Plaintiffs, annually, 5% from October 27, 2016 to August 10, 2017.

Reasons

1. Basic facts

A. On July 10, 2016, the Plaintiffs sold the instant apartment at KRW 390,000,000,000 for the purchase price to the Defendant (hereinafter “instant apartment”) 101 Dong 2505, Busan Shipping Daegu (hereinafter “instant apartment”) and the down payment of KRW 39,000,000 was paid on the date of the contract, and the intermediate payment of KRW 180,000,000 is paid on the date of August 25, 2016, and the remainder of KRW 171,00,00,000 was paid until August 30, 2016, and the remainder was paid, and the ownership transfer registration and delivery was completed at the same time as the remainder was paid.

B. On August 25, 2016, the Plaintiffs completed the registration of ownership transfer with respect to the instant apartment.

C. The Defendant paid the remainder amount of KRW 50 million on August 30, 2016, and KRW 1680,000,000 on October 27, 2016.

[Reasons for Recognition] Unsatisfy, Gap evidence 1(=Evidence 4) through 3, and the purport of the whole pleadings

2. According to the facts of the determination as to the causes of the plaintiffs' claims, the defendant is obligated to pay damages for delay calculated at the rate of 5% per annum under the Civil Act from August 31, 2016 to October 26, 2016, which is the day following the due date for the payment of the remainder of KRW 20,320,000 to KRW 50,000,000 from August 30, 2016, which is the day after the due date for the payment of KRW 121,262,00,000 to the day before the due date ( = 121,00,000 x 57/366 x 57/366, 100), which is the aggregate of KRW 21,262,00 per annum from the following day after the date after the due date for the payment of KRW 50,00,000 to KRW 15,200 per annum.

3. Determination on a set-off claim against the defendant's defect repair and damage claim

A. Although there were defects in the apartment of this case’s assertion, the plaintiffs were included in the apartment of this case, and the sales contract was concluded. The plaintiffs, which were the buyers, refused to deliver the apartment of this case, and thereby, failed to observe the agreement with the moving-in company or the pilot company. Thus, 5,320,000 won and the defendant’s total expenses incurred by the defendant.

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