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(영문) 창원지방법원마산지원 2017.07.05 2016가합479

매매대금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 80 million and the Defendants from April 1, 2016 to ① Defendant B shall be jointly and severally liable to the Plaintiff on April 1, 2016.

Reasons

1. Basic facts

A. On March 17, 2016, the Plaintiff concluded a sales contract (hereinafter “instant sales contract”) with Defendant B Co., Ltd. (hereinafter “Defendant Company”) to sell F&282m2, G factory sites, 4,596m2, and above ground reinforced concrete slab bars factories (A, B, Cdong) 2,734m2 and its machinery and equipment.

B. According to the instant sales contract, KRW 3.25 billion was determined as the total purchase price, and KRW 300 million was paid by the Defendant Company on the date of conclusion of the contract, and the intermediate payment of KRW 2.15 million was succeeded to the Plaintiff’s obligation to the Industrial Bank of Korea, and the remainder of KRW 800 million was paid by the Defendant Company to the Plaintiff on March 31, 2016.

On the other hand, at the time of the conclusion of the above sales contract, Defendant C, D, and E jointly and severally guaranteed the remainder payment obligations of the Defendant Company.

C. On March 25, 2016, the Defendant Company paid the down payment under the above sales contract to the Plaintiff on the day of the contract, and completed the registration of ownership transfer in the name of the Defendant Company with respect to the instant real estate, and paid the intermediate payment by borrowing the said real estate as collateral and paying the Plaintiff’s debt to the Bank.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including each number), the purport of the whole pleadings

2. According to the facts prior to the determination as to the cause of the Plaintiff’s claim, barring any special circumstance, the Defendants jointly and severally engage in the Plaintiff at the rate of 5% per annum prescribed by each Civil Act from April 1, 2016 to June 28, 2016 (Defendant B Co., Ltd.), June 30, 2016 (Defendant C), which is the date of delivery of a copy of the complaint in this case from April 1, 2016 to June 27, 2016 (Defendant D), and August 24, 2016 (Defendant E), and 15% 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.