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(영문) 대구지방법원 2015.04.09 2014나18610

매매대금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On March 11, 2013, the Plaintiff entered into a sales contract with the Defendant to sell KRW 182,000,000 with respect to the Daegu-gu C Apartment 902 (hereinafter “instant apartment”), and agreed that KRW 2,000,000 out of the down payment of KRW 12,00,000 shall be received on the date of the contract, and the remainder of KRW 10,000,000 shall be paid on March 12, 2013, and the Defendant succeeds to the debt of KRW 10,000,000, and the remainder of KRW 70,000 shall be succeeded to the Defendant on May 8, 2013 (the remainder of the payment date thereafter was postponed on May 25, 2013).

B. On April 15, 2013, the registration of ownership transfer for the apartment of this case was completed on the ground of the above sale in the Defendant’s future, and on the same day, the Defendant succeeded to KRW 100,000,000 for the Plaintiff’s loan obligations.

C. On May 8, 2013, the Plaintiff delivered the instant apartment to the Defendant, and the Defendant did not pay the Plaintiff KRW 10,000,000 out of the purchase price.

【Ground for recognition】 A without dispute, entry of evidence No. 3 in the evidence No. 1, the purport of the whole pleadings

2. According to the facts found in the judgment on the cause of the claim, the Defendant is obligated to pay to the Plaintiff the remaining purchase and sale KRW 10,000,000 and damages for delay calculated at the rate of 5% per annum prescribed by the Civil Act from May 26, 2013 to June 7, 2013, the delivery date of a copy of the complaint in this case, and 20% per annum prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

3. Defendant’s assertion and judgment

A. The plaintiff sold the above apartment to the defendant with the concealment of such fact, which led to the damage equivalent to KRW 20,180,000 by the plaintiff, in spite of the occurrence of water leakages from No. 802, the next floor below the plaintiff, which occurred in the ceiling, living room, and room of the apartment of this case.

Therefore, the defendant set off against the plaintiff's above claim for compensation for damages.

B. The subject matter of the judgment sale is the objective nature and performance that can be expected in terms of transaction norms.