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(영문) 춘천지방법원 원주지원 2018.06.28 2017가합6425
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1. The Defendant’s KRW 199,875,00 for the Plaintiffs and 5% per annum from December 1, 2017 to June 28, 2018.

Reasons

Facts of recognition

On June 23, 2015, the Plaintiffs entered into a sales contract with the Defendant to purchase KRW 1,975,00,000 (i.e., the remainder of KRW 1,777,500,000 (hereinafter “the instant sales contract”) of KRW 1,977,50,500,000 for the farmland owned by the Defendant (hereinafter “instant land”). The Plaintiffs paid KRW 197,50,000 for the down payment to the Defendant.

1. The payment date of any balance shall be postponed on February 23, 2016, and the buyer shall pay 200,000,000 won as the interest accrued from the extension of the balance on February 23, 2016. This agreement shall enter into force upon cash payment on February 23, 2016.

2. A buyer who pays the second down payment shall pay the sale price in cash of 300,000,000 won to the seller in the second down payment on March 25, 2016.

3. In the event that any balance is not paid by the due date of the postponement of the payment of the balance ( July 23, 2016), the sales contract shall be terminated, and the advance interest and the down payment (the first second second second second) paid shall not be refunded to the buyer.

The remaining payment date under the instant sales contract was February 23, 2016, which was eight months from the date of the payment of the down payment. However, on February 23, 2016, the Plaintiffs agreed that the payment date of the remainder between the Defendant and the Defendant shall be postponed on July 23, 2016, but the interest accrued due to the postponement of the payment date and the second down payment shall be paid (hereinafter “the first agreement”), and the Defendant paid KRW 200,000,000 to the Defendant for overdue interest on the remainder.

Specific details are as follows:

1. Through the preparation of a written agreement on the payment of the second down payment (the first one), the buyer paid 300,000,000 won to the seller at the second down payment on March 25, 2016, but the buyer changed the date of payment to April 25, 2016 due to the buyer’s reason, and the buyer paid the interest (10,000,000 won).

30,000,000 won out of the second down payment to be paid by the purchaser through the preparation of a written agreement (II), was paid on April 26, 2016, and KRW 270,000,000 shall be paid on May 25, 2016.

3. Other matters from among the second down payment.

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