beta
(영문) 수원지방법원안산지원 2020.01.22 2019가단12589

매매대금

Text

1. The Defendant’s KRW 38,850,00 and the Plaintiff’s annual rate of KRW 5% from February 1, 2019 to July 17, 2019.

Reasons

1. The Plaintiff and C shared 1/2 shares of each of the instant land owned with D 373 square meters (hereinafter “instant land”).

On October 5, 2018, the Plaintiff and C concluded a sales contract to sell the instant land in KRW 442,00,000 to the Defendant, and received 50,000,000 as the down payment from the Defendant, and completed the registration of ownership transfer to the Defendant.

In the above sales contract, the Defendant agreed that the Plaintiff and C shall receive a one-time payment from a financial institution, and the first intermediate payment of KRW 35,000,000,000, and design cost of KRW 7,700,000 paid by the Plaintiff and C, and the second intermediate payment of KRW 35,00,000,000, respectively.

The Defendant received progress payment from a financial institution twice from the end of November 2018 and the end of January 2019.

[Ground of recognition] Facts without dispute, Gap 1, 2, 3, 4, the purport of the whole pleadings

2. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 38,850,000 won (=7,700,000 won x 1/2) equivalent to the plaintiff's share ratio among the total of 77,700,000 won for intermediate payment and design expenses (i.e., 77,700,000 x 1/2) and to pay damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from February 1, 2019 to July 17, 2019, the delivery date of the complaint (payment order) of this case, as sought by the plaintiff.

3. The plaintiff's claim for conclusion is accepted on the ground of the reasons.