매매대금반환
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Determination on the cause of the claim
A. On October 31, 2011, the Plaintiff entered into a contract for the transfer of business (hereinafter “instant transfer contract”) with the Defendant with respect to the “D” of the first floor of the Manan-gu Maan-gu C with the Defendant on the following terms (hereinafter “instant transfer contract”).
(2) The Defendant shall pay the Plaintiff the down payment of KRW 17 million to October 22, 201; the payment of KRW 33 million to November 7, 2012; and the remainder of KRW 40 million to November 7, 2013; and until November 7, 2014, until November 7, 2014. The Defendant shall pay the Plaintiff the interest calculated at the rate of KRW 3% per month on the unpaid transfer price to the Plaintiff by November 7, 2014. The Defendant shall pay the Plaintiff a surcharge calculated at the rate of KRW 3% per month. If the Defendant fails to pay or fails to pay the said intermediate payment and balance (total KRW 11 million) within the period of delay to the Plaintiff, the Defendant shall be liable to pay the down payment to the Defendant, and the Plaintiff shall be liable to pay the said KRW 17 million, and the Plaintiff shall be liable to pay the down payment to the Defendant, and the Plaintiff shall be liable to pay the said KRW 17 million.
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
B. According to the above facts, the Defendant, barring special circumstances, is obligated to pay to the Plaintiff KRW 100,000,000,000,000,000 for the above intermediate payment and the balance, and KRW 60,121,951, and KRW 60,121,951, which the Plaintiff seeks from the above contract date to July 7, 2017, as interest and additional dues calculated at the rate of KRW 3% for the above KRW 100,00,000,000,000 for penalty, and KRW 180,121,951.
2. Judgment on the defendant's defense
A. The Defendant’s defense of the payment of the intermediate payment and the remainder is defense to the effect that E, a joint and several surety, repaid KRW 90 million out of the intermediate payment and the remainder.