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(영문) 서울고등법원 2015.09.04 2014나58728
부당이득금반환
Text

1. Of the parts relating to the principal lawsuit in the judgment of the court of first instance, the following additional payments shall be the amount.

Reasons

1. The following facts may be found either in dispute between the Parties, or in addition to the overall purport of the pleadings, with Gap evidence Nos. 1 through 6 (including each number; hereinafter the same shall apply), Eul evidence Nos. 2, 3 and 11, and the testimony of the witness E of the first instance trial:

Plaintiff

Around April 1, 2010, the purchaser indicated the instant sales contract as “the Plaintiff and one other.” Around April 1, 2010, the purchaser purchased each real estate listed in the separate sheet owned by the Defendant (hereinafter “each of the instant real estate”) in the amount of KRW 1.9 billion, but the down payment of KRW 100 million on the date of the contract, the intermediate payment of KRW 700 million on July 30, 2010, and the remainder of KRW 1.1 billion on December 31, 2010 (hereinafter “instant sales contract”), and paid the Defendant the down payment of KRW 100 million.

B. On July 1, 2010, the Plaintiff and the Defendant revised the method of payment among the instant sales contract, and added to the instant sales contract, the Plaintiff’s KRW 100 million on the date of the contract, the intermediate payment of KRW 850 million on July 15, 2010, and the remainder of KRW 950 million on December 30, 2010, respectively, to pay the remainder of KRW 950 million to the seller on the date of the contract, and added to the instant sales contract a special clause stipulating that the seller shall receive a loan from a financial institution under his/her name and pay interest thereon by the date of payment of the remainder (hereinafter “instant special agreement”).

C. Thereafter, around July 22, 2010, the Defendant received a loan of KRW 850 million from the Jungbu Agricultural Cooperative, and the Defendant received a new loan of KRW 900 million from the Jungbu Agricultural Cooperative on January 28, 2011 and repaid the previous loan obligations.

(Exchange) Around May 2010, the transferor had already been granted a loan of KRW 400 million from the SC Bank in order to prepare director expenses. D.

However, on December 30, 2010, the payment date of the remainder, the Plaintiff failed to pay the interest and the balance of the intermediate payment. Accordingly, the Plaintiff and the Defendant are again the method of payment under the instant sales contract around January 201.

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