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(영문) 대전지방법원천안지원 2016.11.24 2016가단108386

약정금

Text

1. The Defendant shall pay to the Plaintiff KRW 30,00,000 and the interest rate of KRW 15% per annum from June 18, 2016 to the date of complete payment.

Reasons

1. Basic facts

A. The Plaintiff entered into a sales contract with Asan City D Forest land 19,835 square meters (hereinafter “instant land”) with C.

B. After that, the Plaintiff transferred the status of purchaser under the sales contract with the Defendant for the instant land, and the Defendant agreed to pay the Plaintiff KRW 126,500,000 as the transfer price for the said purchaser’s status.

C. Meanwhile, the Defendant agreed between the Plaintiff and the Plaintiff to pay KRW 125,500,000 by reducing the above status of KRW 126,500,000. Of them, the Defendant paid KRW 95,50,000 among them.

【Ground for recognition】 The fact that there is no dispute, entry of Gap's 1 through 4, the purport of whole pleadings

2. Determination:

A. According to the facts of the judgment on the Plaintiff’s cause of claim, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 95,500,000,000 calculated by deducting the amount of KRW 125,50,000 paid by the Defendant from the purchase and sale contract price of KRW 125,50,000 for the transfer of unpaid status (i.e., KRW 125,50,000 - KRW 95,500,000) and damages for delay calculated at the rate of 15% per annum from June 18, 2016 to the date of full payment, which is the day following the delivery of the original copy of the instant payment order.

B. As to the Defendant’s assertion, the Defendant agreed to pay the purchase price for the instant land after having received the registration of ownership transfer from C, and the Defendant failed to comply with the Plaintiff’s claim since it did not complete the registration of ownership transfer for the said land. However, the Plaintiff and the Defendant seem to be consistent with the agreement on the time for payment of the transfer price for the status as alleged in the Plaintiff and the Defendant cannot be trusted, and the facts alleged by the Defendant are insufficient to recognize them, and there is no other evidence to acknowledge them. Rather, there is no other evidence to acknowledge them.