beta
(영문) 인천지방법원 2016.07.07 2016가단202694

매매대금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 150,000,00 and 5% per annum from December 1, 2015 to January 6, 2016.

Reasons

1. The following facts of recognition are not disputed between the parties, or may be acknowledged by adding up the whole purport of the pleadings to each entry in Gap evidence 1 to 3:

The plaintiff is the real estate certified broker, and the defendant C and D are the architect.

B. On June 18, 2015, the Plaintiff entered into a real estate sales contract between the Plaintiff and the Defendants 1) with Defendant C, who represented Defendant B on behalf of the Plaintiff, on the following grounds: (a) the value of the instant real estate owned by the Plaintiff is 2,281 square meters prior to E

(2) At the time, Defendant B entered into a sales contract to sell KRW 500 million for the purchase price. At the time, Defendant B paid KRW 300 million for the intermediate payment at the time of the contract, and paid KRW 50 million for the remainder on August 31, 2015, and paid KRW 150 million until November 30, 2015. Defendant C and D jointly and severally guaranteed Defendant B’s obligation to pay the purchase price to the Plaintiff. (2) On June 19, 2015, the Plaintiff received KRW 300 million from the Defendants and delivered documents necessary for the registration of ownership transfer on the instant real estate, and subsequently the ownership transfer registration was made in Defendant B on the same day.

3. On June 19, 2015, Defendant B created a collateral security worth of KRW 637,000,000 with the maximum debt amount of KRW 637,000 on the instant real estate and obtained a loan of KRW 490,000 from the sublime’s credit union, Defendant B paid only the intermediate payment of KRW 50,000 on August 31, 2015 to the Plaintiff, and did not pay the remainder of KRW 150,00,000.

2. The assertion and its judgment

A. According to the above facts finding as to the cause of the claim, the Defendants are jointly and severally liable to pay to the Plaintiff the remaining purchase and sale amount of KRW 150,000,000, and 5% per annum as prescribed by the Civil Act from December 1, 2015 to January 5, 2015, the service date of the original copy of the instant payment order, and 15% per annum as prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.

B. Determination of the Defendants’ assertion 1 is based on the Plaintiff’s 4-dong loans on the instant real estate.