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(영문) 서울북부지방법원 2020.08.20 2020가합20610
매매대금
Text

The defendant's KRW 115,00,000 to the plaintiff A, and KRW 133,80,000 to the plaintiff B, and each of the above money from March 13, 2020.

Reasons

1. Basic facts

A. On March 18, 2019, the Plaintiffs concluded a sales contract with the Defendant under which the Dongdaemun-gu Seoul Metropolitan Government D Prize Co-owned by the Plaintiffs (hereinafter “instant real estate”) sells E (hereinafter “instant sales contract”) to the Defendant.

The sales contract (hereinafter “instant sales contract”) prepared at the time of the conclusion of the instant sales contract is indicated as KRW 1 billion.

B. On March 18, 2019, the date of signing the instant sales contract, the Plaintiffs entered into a service contract with the Defendant with the content that the Plaintiffs conduct market research and management consulting services for the reconstruction of the instant real estate implemented by the Defendant and the Defendant pays the Plaintiffs KRW 25 million in return for their services (hereinafter “instant service contract”).

Plaintiff

A service contract written by B with the Defendant is written on April 18, 2019. However, the agreement written by the said Plaintiff with the Defendant on April 18, 2019 is deemed to have been concluded on March 18, 2019 in view of the fact that the date of concluding the service contract was written by the Defendant on March 18, 2019.

C. On April 18, 2019, the Plaintiffs drafted a written agreement with the Defendant that “The Defendant shall pay the Plaintiffs KRW 100 million as down payment on the remainder payment date under the instant sales contract, and shall pay KRW 125 million, respectively, to the remainder in the event the title of the instant real estate has been completed. Notwithstanding the instant service contract, the Plaintiffs shall take precedence over the content of the instant contract (hereinafter “instant agreement”).”

On September 1, 2019 through November 201, the Defendant paid to the Plaintiffs a full purchase price of KRW 8.8 million on the instant sales contract, except for Plaintiff B, and paid KRW 110 million to Plaintiff A and KRW 100 million on September 11, 2019 in accordance with the instant sales contract.

[Reasons for Recognition]

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