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(영문) 대전지방법원천안지원 2017.05.26 2016가합102378

매매대금

Text

1. On February 11, 2014, the counterclaim Defendant: (a) 30,000,000 won, respectively, to the Counterclaim Plaintiff (Appointed Party) and to the Appointed C and D; and (b) 30,000 won.

Reasons

1. The fact that, on January 10, 2014, a sales contract was concluded between the counter-party to a determination on the cause of a counterclaim (the appointed party to the counterclaim; hereinafter “Plaintiff”) and the appointed party C, and D, with respect to each real estate indicated “an indication of real estate” with the counter-party to the counterclaim, the sales price of which is KRW 290 million (the down payment shall be KRW 5 million, the intermediate payment of KRW 15 million, and the balance of KRW 270 million), and the down payment shall be paid by January 13, 2014, the intermediate payment shall be paid by January 13, 2014, and the remainder shall be paid by February 10, 2014, either there is no dispute between the parties to the contract, or may be recognized by the statements in the evidence No. 1, 2, and 3.

Meanwhile, the fact that the counterclaim Defendant paid KRW 180 million out of the down payment, intermediate payment and remainder of the above sales amount is the Counterclaim Plaintiff.

According to the above facts, the counterclaim Defendant is obligated to pay the remainder of the purchase price of KRW 90 million (270 million - 180 million - 30 million - 100 million ) to the counterclaim Defendant, the designated parties C, and D, and to pay damages for delay at each rate of KRW 15 percent per annum as prescribed by the Civil Act, from February 11, 2014 to July 13, 2016, on which the duplicate of the counterclaim of this case was delivered, from February 11, 2016, to July 13, 2016, and from the next day to the date of full payment, 15 percent per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings.

2. In conclusion, the counterclaim of this case is justified and it is so decided as per Disposition.