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(영문) 서울중앙지방법원 2019.06.19 2019가합504946

기타(금전)

Text

1. The Plaintiff:

A. Defendant B’s KRW 67,497,00 and its annual rate shall be 5% from March 9, 2019 to June 19, 2019.

Reasons

1. Basic facts

A. On August 1, 2013, the Plaintiff entered into a sales agency contract with E Co., Ltd. (hereinafter “E”) with the content that the Plaintiff delegates the sales agency for 137 households of “G” (hereinafter “instant apartment”) which is a welfare facility for the aged in Eunpyeong-gu Seoul, Seoul (hereinafter “E”) to E.

B. On January 17, 2015, the Plaintiff entered into a sales contract with H to sell the instant apartment units of KRW 388,130,000 with the sale price for the instant apartment units of KRW 388,130,00. From January 15, 2015 to January 20, 2015, the Plaintiff entered into a sales contract with the Defendants to sell four households out of the instant apartment units as listed in the following table:

(2) On January 15, 2015, Defendant C, on January 20, 2015, KRW 388,130,000,00 for the sale price of the instant apartment as the date of the contract (hereinafter “sale contract in the instant case”). Defendant C, on January 20, 2015, KRW 471,860,00 for the instant apartment No. 471,860,00 on January 15, 2015, Defendant D’s apartment M& 471,860,000 on January 15, 2015.

C. When entering into each of the instant sales contracts, the Plaintiff and the Defendants entered into a special agreement with the following contents (hereinafter “instant special agreement”). E and the Defendants entered into a settlement statement (hereinafter “instant settlement statement”) as follows, and the Plaintiff [the matters of the instant special agreement] 1 “A” (the Plaintiff; hereinafter the same shall apply) reserved 40% of the total sales price to “B” (the Defendant; hereinafter the same shall apply) for five years:

Provided, That where the balance is paid within five months after the sale contract, 38% of the sale price shall be discounted.

2. “A” does not require a separate interest cost, etc. for the reservation amount during the duration of the reservation.

3. If “A” pays 62% of the total purchase price, other than the reserve price in paragraph 1, within five months, “B” must provide documents necessary for the registration of transfer of ownership.

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