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(영문) 수원지방법원 2018.02.13 2017가합17255

매매대금

Text

1. The Defendant’s KRW 5,00,000 as well as the annual rate of KRW 5% from June 17, 2017 to February 13, 2018 to the Plaintiff.

Reasons

1. Basic facts

A. On December 14, 2015, the Plaintiff concluded a sales contract with the Defendant to sell each real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendant at KRW 1,450,000 (including value-added tax).

B. The plaintiff is entitled to the above Section 1-A.

According to the contract of sale and purchase, the transfer income tax of KRW 6,00,000 was paid by reporting the occurrence of transfer income to the competent tax office.

C. Since January 8, 2016, the Plaintiff and the Defendant around January 8, 2016 set forth in the above Section 1-A.

The sales price based on the sales contract stated in the port shall be reduced to KRW 1,420,00 (including value-added tax; hereinafter “the price in this case”), but the Defendant agreed to pay KRW 6,00,000,000 (hereinafter “the agreement in this case”) to the Defendant when filing a return of capital gains tax pursuant to the above sales contract on KRW 1,420,000,000, premised on the premise that the sales price in this case was KRW 1,450,000,000, the sales price in this case was reduced to KRW 1,420,000 (hereinafter “the agreement in this case”).

[Ground of recognition] The fact that there has been no dispute, each entry of Gap No. 12, witness C's testimony, and whole purport of pleading

2. Determination as to the cause of claim

A. The Plaintiff’s assertion is obligated to pay the Plaintiff KRW 1,420,00,00 for the instant contract amount of KRW 5,00,000 and KRW 5,00,00 for the instant contract pursuant to the instant agreement. The Defendant subrogatedly repaid the Plaintiff’s loan principal and interest to the Plaintiff’s Taean Agricultural Cooperative on January 8, 2016, and paid KRW 190,66,964 to the Plaintiff on the same day. Accordingly, the Defendant ultimately is obligated to pay the Plaintiff the remainder of the instant contract amount of KRW 220,757,557,553 (= KRW 1,420,00,000) - 1,08,575,483 -190,66,964) and damages for delay from the day following the day of delivery of the copy of the instant complaint.

B. According to the above facts of recognition, the defendant shall enter into the agreement of this case.