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(영문) 수원지방법원 평택지원 2018.04.27 2017가단59107
매매대금반환
Text

1. The Defendant’s KRW 132 million to the Plaintiff and the Plaintiff’s 5% per annum from September 4, 2017 to April 27, 2018.

Reasons

1. Facts of recognition;

A. On October 9, 2016, the Plaintiff purchased from the Defendant, a construction business operator, D 104 (U.S. military sirens detached houses; hereinafter “instant sirens”) located in Pyeongtaek-si, and the major content of the sales contract (hereinafter “instant sales contract”) is as follows.

The purchase price: 645 million won of the down payment: 64.5 million won of the down payment: 5 million won of the total of 3 million won of the remainder down payment and the intermediate payment at the time of a contract, 62.5 million won of the down payment, 62.5 million won of the remainder of the down payment and the intermediate payment, shall be notified in writing to the person who has failed to perform the obligation to pay on November 26, 2016, and the other party shall be notified in writing, and the contract may be rescinded; the other party may claim damages due to the termination of the contract against both parties, and the contract party may claim damages due to the termination of the contract, unless otherwise agreed.

The Defendant, prior to the date of the payment of the remainder, seeks a lessee to move into the instant siren. If the Plaintiff fails to seek the lessee within the period, the Plaintiff reserved the payment of the purchase price equivalent to USD 42,000 (daily exchange rate calculation) out of KRW 577,50,000 (daily exchange rate calculation). If the Defendant seeks a tenant thereafter, the reserved purchase price shall be appropriated from the lessee, and the remainder shall revert to the Plaintiff.

The details of the special agreement shall be as specified in the attached special agreement.

B. On October 10, 2016, the Plaintiff paid the Defendant KRW 5 million out of the down payment on the day of the instant sales contract, and KRW 67.5 million in total of the remainder down payment and intermediate payment KRW 62.5 million around October 10, 2016.

(A) After December 21, 2016, the Plaintiff obtained approval for loans of KRW 260 million from financial institutions in order to raise funds for the payment of any balance.

(A9)(c)

On the other hand, the defendant will move into the siren of this case.

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