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(영문) 부산지방법원 2016.01.21 2015나44349
위약금 등
Text

1. Of the part relating to the principal lawsuit in the judgment of the court of first instance, the Plaintiff (Counterclaim Defendant) who corresponds to the amount ordered to pay next.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. The facts subsequent to the facts of recognition are recognized, either in dispute between the parties or in full view of the entries in Gap evidence 1 to 9, Eul evidence 1 and 2 (including each number), and the purport of the entire pleadings.

A. On March 25, 2011, the Plaintiff (hereinafter “Plaintiff”) changed the trade name into “Iol Real Estate Trust” on February 27, 2004, and subsequently, on March 27, 2009, as “Iol Trust”, “Iol Trust” on April 2, 2010, and the Plaintiff changed its trade name to the Plaintiff on December 6, 2013; hereinafter “Plaintiff”) entered into a sales contract with the Defendant for the supply price of KRW 740,140,00 (hereinafter “the instant apartment”). On the day of the instant sales contract, the Defendant received KRW 370,070,00 from the Defendant on March 25, 201.

B. Furthermore, the Defendant, separate from the Plaintiff on the date of entering into the sales contract, entered into a special agreement on the supply contract of B apartment (hereinafter “instant special agreement on the supply contract of this case”).

C. Articles 1 and 15 of the instant sales contract provide that with respect to the payment of the intermediate payment (60% of the supply price) of the instant apartment, the Defendant, as the principal debtor, shall receive the full payment pursuant to the business agreement between the Plaintiff, the Corporation, the Poco Construction, and the Gyeongnam Bank, the financial institution, in accordance with the business agreement between the Plaintiff and the Plaintiff, the Simco Construction, and the Gyeongnam Bank, shall pay an intermediate payment amount directly from the above financial institution to the Plaintiff’s account at the payment date of each intermediate payment, and the part from

On April 8, 2011, the Defendant paid to the Plaintiff a total of KRW 44,484,00,000 for intermediate payment under the instant sales contract, and the Plaintiff paid KRW 70,711,929 to the said financial institution.

(e).

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