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(영문) 서울중앙지방법원 2018.09.13 2018가합511466

전부금

Text

1. The Defendant’s KRW 260,000,000 and the Plaintiff’s annual rate of KRW 6% from March 15, 2018 to September 13, 2018.

Reasons

1. Facts of recognition;

A. On July 8, 2016, the Defendant and the Non-Party C Co., Ltd. (hereinafter “C”) entered into a contract with C to sell a total of KRW 32,997 square meters (hereinafter “instant land”) of KRW 5.5 billion (hereinafter “the instant land”) in Asan-si, Asan-si, the Defendant entered into a contract with C to change the content of the purchase price to KRW 6.0 billion on December 22, 2016 (hereinafter “the instant contract”). Accordingly, the Defendant and C entered into a contract to change the content of the purchase price under the instant contract to KRW 6.0 billion (hereinafter “the instant contract to sell the instant land”).

(2) Since then, C paid KRW 1.76 billion to the Defendant in total, including the down payment amount of KRW 50 million, the intermediate payment of KRW 50 million, and KRW 760 million out of the remainder pursuant to the above Land Sales Contract. Article 3(1) of the above Land Sales Contract provides that the payment period of KRW 4.24 billion out of the outstanding purchase price shall be January 20, 2017 (200 million), February 20, 2017 (20 billion), March 20, 2017 (40 million), April 20, 2017 (44.4 billion), and Article 3(2) provides that the Defendant may separately confiscate the remainder of KRW 1.5 billion from the sales contract to the Defendant on the ground that the remainder of KRW 1.5 billion would have been paid for the remainder of KRW 3 billion, and the Defendant may confiscate the remainder of KRW 1.5 billion from the sales contract to the Defendant on the ground that the remainder of the payment period would have been revoked.

B. 1) On August 13, 2016, the Plaintiff was from C to “F building” (hereinafter “the instant siren”) which is a siren for the exclusive use of USFF and US civilian employees in the military.