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(영문) 대구지방법원서부지원 2015.07.07 2015가단3765

매매대금

Text

1. The Defendant’s KRW 90,000,000 as well as the Plaintiff’s annual rate from August 7, 2009 to March 3, 2015, and the following.

Reasons

The following facts are acknowledged according to the facts of recognition of the cause of the claim by the parties or by the purport of Gap evidence Nos. 1 through 6 and all pleadings.

On June 1, 2007, the Plaintiff and C completed the registration of initial ownership of 4 households, including the 101, 201, 202, 501, and 502, 1/2, respectively, of the 101, 201, 202, 202, and 502, (hereinafter “each of the loans of this case”). On the same day, the Plaintiff and C created a collateral security right with C in the case of the Plaintiff, 202, and 502 in the case of the Plaintiff, 201, 201, and 502.

On July 7, 2009, the Plaintiff sold each of the instant loans to the Defendant in the purchase price of KRW 280 million. Of them, KRW 180 million was appropriated by the Defendant’s acceptance of the Defendant for the cover of KRW 180 million per household of the collateral security obligation under the name of the North Daegu Agricultural Cooperative under the name of North Daegu Agricultural Cooperative. The contract was concluded with the effect that KRW 10 million was to be paid on July 21, 2009 for the date of the contract, the intermediate payment of KRW 40 million, and the remainder of KRW 50 million was to be paid on August 6, 2009.

Accordingly, on July 7, 2009, the Plaintiff completed the registration of ownership transfer in the Defendant with respect to each of the instant loans.

Judgment

According to the above facts, the defendant is obligated to pay to the plaintiff 90 million won, except in special circumstances, the sum of the remaining intermediate payments and the remainder after deducting the total amount of KRW 180 million from the secured debt of the right to collateral security (i.e., - KRW 10 million - KRW 180 million - KRW 100 million from the outstanding payment date to March 3, 2015, which is the delivery date of the original copy of the payment order of this case from August 7, 2009 to the delivery date of the original copy of the payment order of this case from March 3, 2015, and damages for delay calculated at each rate of 20% per annum under the Civil Act, which is stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, from the next day to the date of full payment.

The main point of the defendant's argument is ①.