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(영문) 대구지방법원포항지원 2016.01.21 2015가단301609

구상금

Text

1. On October 23, 1997, the Plaintiff (Counterclaim Defendant) purchased and sold real estate listed in the separate sheet to the Defendant (Counterclaim Plaintiff).

Reasons

1. Basic facts

A. The Defendant, on October 23, 1997, purchased real estate listed in the separate sheet (hereinafter “instant real estate”) from the Daedae Housing Co., Ltd. (hereinafter “Large Housing”) for KRW 310,1950,000,000,000 on the date of the contract, agreed to pay the down payment of KRW 10,000,000 on the date of the contract, the first intermediate payment of KRW 90,000,000,000 on the date of the contract, and the second intermediate payment of KRW 11,195,00,000 on December 32, 1997, and the remainder of KRW 100,000 on the designated date of the

(hereinafter “instant sales contract”) between the Defendant and the substitute housing. The Defendant paid the remainder of sales price, excluding KRW 60 million, to the substitute housing.

B. The Plaintiff is a non-legal entity or organization created by a purchaser of a apartment and commercial building at the time of the wind that the construction is interrupted due to the dishonor of a substitute house and who succeeded to the right of the substitute house by sharing the construction cost in order to continue the construction.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, Eul evidence 2, the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. According to the above facts finding as to the cause of claim, barring any special circumstances, the Defendant is obligated to pay the remaining purchase price of KRW 60 million and delay damages to the Plaintiff who succeeded to the right of substitute housing.

(B) The Plaintiff did not reduce the claim by asserting that the Defendant should pay 75% of the remaining purchase price to the Plaintiff under an agreement made on July 3, 2012 between the Plaintiff and the Plaintiff and the Plaintiff’s representative D, and thus, the Plaintiff did not seek payment of the remaining purchase price in full).

The defendant asserts that the plaintiff's remaining claim for the purchase price against the defendant was extinguished due to the completion of prescription.

The dispute between the parties is that the payment date of the balance under the sales contract of this case was determined on December 30, 1997.