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(영문) 대전지방법원 2015.06.25 2014가단219900

매매대금

Text

1. The Defendant shall pay to the Plaintiff KRW 50,00,000 and the interest rate of KRW 20% per annum from September 5, 2014 to the day of complete payment.

Reasons

1. Basic facts

A. On October 16, 2008, the Plaintiff entered into the following sales contract with the Defendant with respect to the apartment as stated in the separate sheet (hereinafter “instant apartment”).

(hereinafter referred to as the “instant sales contract”). The amount of KRW 10,00,000 for the payment of KRW 80,000 for the down payment of KRW 10,000 for the intermediate payment of KRW 50,000 on the day of the contract, the intermediate payment of KRW 30,000,000 for the Korea Mutual Savings Bank of Korea (Plaintiff) on October 27, 2008, shall be exempted from obligation of KRW 30,000 for the seller (Plaintiff until the certificate of registration is issued), in lieu of the payment of the intermediate payment, and the provisional attachment and mortgage creation amount on the registry shall be settled in consultation with the Korea Mutual Savings Bank.

The remainder of KRW 20,00,000 shall be paid at the time when the B-building housing association belonging to the seller (Plaintiff) is dissolved, regardless of the period of payment for October 31, 2008.

B. The Defendant paid KRW 10,000,000 on the date of the contract.

C. According to the instant sales contract, on October 17, 2008, the Plaintiff completed the registration of ownership transfer on the instant apartment. D.

On December 3, 2008, the Defendant concluded a lease contract with the Plaintiff by setting the lease deposit of KRW 10,000,000, monthly rent of KRW 500,000, and the lease term from December 3, 2008 to December 2, 2010, the Defendant entered into the following special agreement with the Plaintiff:

(hereinafter “instant lease agreement.” Of the instant lease agreement, the buyer (the Defendant) paid the seller (the Plaintiff) an intermediate payment of KRW 20 million for the intermediate payment of KRW 110 million is deemed to have paid the lease deposit under the instant lease agreement.

2. It shall be deemed that the monthly rent of KRW 10 million is the monthly rent from December 3, 2008 to December 2, 2010.

E. On November 28, 2008, the Defendant borrowed KRW 80,000,000 from Korea Mutual Savings Bank, and became a maximum debt amount of KRW 119,000,000 with respect to the apartment of this case, and the debtor, the defendant, and the mortgagee of the right to collateral security.