logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2018.01.25 2017가합23710
손해배상(기)
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 205,340,000 to the Defendant (Counterclaim Plaintiff) and its related amount from July 5, 2017 to January 25, 2018.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

In fact, on September 10, 2012, the Plaintiff entered into a sales contract with the Defendant to acquire KRW 300,000,000 (the contract amount shall be KRW 30,000,000, the balance of KRW 270,000,000) with respect to each real estate (the payment on October 29, 2012), and separately, the Plaintiff entered into a sales contract with the Plaintiff to acquire KRW 40,00,00,000 with respect to each real estate (hereinafter “instant sales contract”).

The Plaintiff remitted KRW 30,000,000 as down payment on September 10, 2012 to the Defendant’s account under the Defendant’s name of Thirler Co., Ltd., and KRW 50,000,000 on October 26, 2012, and KRW 20,000,000 on October 31, 2012, respectively.

On January 15, 2013, the Defendant took out a loan of KRW 30,00,000 from Ulsan Agricultural Cooperatives, and completed the registration of creation of a collateral of KRW 39,00,000 with the maximum debt amount of KRW 39,00,000 (hereinafter “second collateral mortgage”) in the name of Ulsan Agricultural Cooperatives. On May 25, 2017, the Defendant repaid all loans and cancelled the registration of creation of a second collateral security.

On July 3, 2017, the Defendant sent to the Plaintiff a content-certified mail stating that “The remainder of the sales contract shall be paid in KRW 200,000,000, because all documents necessary to implement the procedures for the registration of ownership transfer concerning each real estate were kept in the certified judicial scrivener office, and the documents necessary to implement the procedures for the registration of ownership transfer were received.” The content-certified mail was served on the Plaintiff on July 4, 2017.

On the other hand, the Defendant repaid to Ulsan Agricultural Cooperatives the sum of KRW 11,071,70,708 (=total amount of KRW 5,670,00 in 2,670,00 in 2015) plus interest of KRW 5,731,708 in 2015 (= KRW 1,231,231,227,418 won in 2014,149,198 won in 2015) from 2012 to 2016 (=total of KRW 2,670,00 in 2,670,00 in 2016) as the principal and interest interest of the first collateral mortgage (= KRW 1,231,231,227,418 won in 2012).

[Ground of recognition] The plaintiff's assertion as to the claim of the principal lawsuit as to Gap's non-contentious facts, Gap's evidence Nos. 1, 2, Eul's evidence Nos. 1 through 3, and 5 through 7 (including branch numbers) and the purport of the entire pleadings shall be made until October 29, 2012, which is the remainder payment date.

arrow