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(영문) 수원지방법원 2019.03.22 2018가합20517

매매대금

Text

1. The Defendant: (a) KRW 186,00,000 to the Plaintiff A; and (b) KRW 300,000,000 to the Plaintiff B; and (c) each of the said money, from August 6, 2008 to August 2018.

Reasons

1. Basic facts (applicable for recognition: Fact that there is no dispute, each entry in the evidence A1 through 10, and the purport of the whole pleadings);

A. On April 12, 2008, the Defendant concluded a contract with the Plaintiff for purchasing KRW 310,000,000 for the instant building (hereinafter “instant building”) on the price of KRW 124,00,000, the Defendant agreed to pay the intermediate payment of KRW 155,000 on the day, the intermediate payment of KRW 15,00,000 on June 30, 2008, and the remainder of KRW 31,00,000 at the time of completion of the directors, and thereafter, paid the said down payment to the Plaintiff A.

B. On April 12, 2008, the Defendant entered into a contract with Plaintiff B and Sungsung-si to purchase KRW 500,000,000 for the purchase price of KRW 820,000 for the instant land (hereinafter “instant land”). The Defendant agreed to pay KRW 200,000 for the intermediate payment of KRW 250,000 on the day, the intermediate payment of KRW 250,000 on June 30, 2008, and thereafter, paid the said down payment to Plaintiff B at the time of relocation.

C. Around April 15, 2008, the Plaintiffs provided documents, etc. related to real estate trust requested by the Defendant to the Defendant, and around that time, the Plaintiffs completed the relocation from the instant land and buildings, and on April 17, 2008, the trust registration was completed due to the trust on April 15, 2008, in the name of the International Bank of Korea, for the instant land and buildings.

On July 14, 2008, the Defendant paid to the Plaintiffs KRW 350,000,000 as the second intermediate payment on the instant land and building by August 5, 2008, and prepared and issued a written confirmation to promise to pay damages for delay.

2. According to the above facts of determination, according to each of the above sales contracts concluded with the Plaintiffs, the Defendant: (a) as to the part payment of KRW 155,00,000 and the remainder of KRW 31,00,000,000, and the part payment of KRW 250,000 and the remainder of KRW 50,000 and the part payment of KRW 300,000,000; and (b) as to each of the above money, from August 6, 2008 to August 20, 2018, the delivery date of the complaint of this case, the Defendant is 5% per annum as prescribed by the Civil Act and 15% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.