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(영문) 울산지방법원 2019.12.11 2019가합13786

매매대금반환

Text

1. The Defendant’s KRW 400,000,000, and the annual rate of KRW 5% from February 1, 2015 to July 5, 2019, as well as the following.

Reasons

Comprehensively taking account of the overall purport of arguments in Gap evidence Nos. 1 through 5, 7, and 8 (including additional numbers), the plaintiff's wife C decided to purchase an urban-type residential house newly built in Ulsan-gu D on August 4, 201 (hereinafter "the sales contract in this case"), and < Amended by Presidential Decree No. 2000 million won on the date of the contract in this case and September 5, 2011; Presidential Decree No. 2000 million won on September 5, 2011; Presidential Decree No. 23588, Sep. 5, 2011; Presidential Decree No. 20688, Sep. 3, 2011; Presidential Decree No. 2250, Feb. 22, 2011; Presidential Decree No. 23358, Sep. 2, 2011; Presidential Decree No. 23520, Feb. 2, 2012

In light of such facts, it is reasonable to deem that the other party to the return of the purchase price is not C, and therefore, the Defendant is liable to pay the Plaintiff the above term payment amount of KRW 400 million and delay damages, since the Defendant is obligated to pay the Plaintiff the above term payment amount of KRW 400 million and delay damages.

Since the defendant asserts that some of the purchase price had been refunded, it is recognized that the defendant paid the plaintiff the total of KRW 1 million to KRW 23,500,000 per month from April 27, 2012 to January 21, 2015, in full view of the purport of the whole argument in Gap evidence No. 6, but the defendant consistently asserts that the plaintiff paid the purchase price as interest to the purchase price, and that the amount of KRW 1 million to KRW 1.5 million per month is less than the statutory interest rate stipulated in the Civil Act, and that a trade contract is a trade contract.

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