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(영문) 서울중앙지방법원 2018.04.03 2017가단5152370
미수금 청구의 소
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. On October 30, 2014, the summary of the Plaintiffs’ assertion concluded a sales contract with the Defendant on the land located in Kimhae-si, which the Plaintiffs owned, and delayed the payment of any balance due to the reasons attributable to the Defendant’s fault, and confirmed on November 8, 2016 (the date of November 9, 2016 stated in the complaint appears to be clerical error), that the amount unpaid until the time of delay is KRW 137,565,00,00 and the Defendant paid KRW 4 million up to November 9, 19, and the obligation shall be settled on the condition that 13.8 million should be additionally paid until November 22, 201, and if the conditions are not fulfilled, it shall be settled on the basis of the identified amount payable.

However, the Defendant paid KRW 4 million on November 9, 2016 as agreed, but deposited KRW 13.8 million on June 29, 2017.

Therefore, according to the above agreement, the defendant is obligated to pay to the plaintiffs KRW 83,765,00 after deducting the repayment and deposit money from KRW 137,565,00, and delay damages.

2. However, it is insufficient to recognize that, even if it is based on all evidence of the plaintiffs, conditional agreements with the contents as alleged by the plaintiffs have been reached, and rather, if the purport of the entire argument is added to the statement in Gap 18-1 and 2, it is only recognized that a conclusive settlement agreement was concluded between the plaintiffs and the defendant to pay the amount payable under the instant sales contract at KRW 4 million on November 8, 2016 and transfer it to the bank account. Accordingly, it is only recognized that there was a conclusive settlement agreement between the plaintiffs and the defendant to pay the amount payable under the instant sales contract at KRW 8 million, additional income tax and KRW 5 million in cash.

3. Therefore, the plaintiffs' claims are dismissed.

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