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(영문) 창원지방법원 2017.11.16 2016가단112900

매매대금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On February 2014, the Plaintiff asserted that the Plaintiff sold 1/2 shares (hereinafter “instant real estate”) out of C orchard 1,566§³ to the Defendant for KRW 190,00,000,000. The Plaintiff received KRW 50,000,000 from the Defendant on August 9, 2014 and KRW 46,64,90 on September 1, 2015, and thus, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 93,35,100 (=190,000,000 –50,000 -46,64,900), and delay damages therefrom.

In addition, the Defendant agreed to pay to the Plaintiff KRW 190,000,000 as to the instant real estate by May 31, 2014. As such, the Defendant is obligated to pay the Plaintiff the unpaid amount of KRW 93,35,100,00, out of the agreed amount of KRW 190,000,00, and the delay damages therefrom.

2. Around February 2014, a sales contract was concluded between the Plaintiff and the Defendant on the instant real estate with a sales price of KRW 190,000,000 solely based on the descriptions of Gap evidence Nos. 10 through 16 (including paper numbers) and witness D.

It is insufficient to acknowledge that the Defendant agreed to pay to the Plaintiff KRW 190,000,000, and there is no other evidence to prove otherwise.

Therefore, the plaintiff's assertion is not accepted.

3. The plaintiff's claim for conclusion is dismissed as there is no reasonable ground.