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(영문) 광주지방법원목포지원 2011.11.15 2010가합2676
매매대금
Text

1. The Defendant: (a) KRW 204,00,000 for the Plaintiff and 5% per annum from March 26, 2010 to November 15, 201; and (b) the Plaintiff.

Reasons

1. Basic facts

A. The process of concluding a sales contract between the Plaintiff and the Defendant 1) The Plaintiff Co., Ltd. (hereinafter “C”).

The introduction of D, who is an employee of D, was between the Defendant and the Defendant, and each land listed in the separate sheet owned by the Plaintiff from the Plaintiff (each of the above land was designated as the land transaction permission zone, but was cancelled on March 1, 2009).

hereinafter referred to as “each of the instant lands”

2) The term “instant sales contract” refers to a sales contract under which the sales contract is purchased.

(A) In concluding a contract, the Plaintiff and the Defendant drafted a sales contract on three occasions as follows: (a) around July 8, 2009, the Plaintiff and the Defendant drafted a sales contract stating that “The sales price of KRW 400,000,000, the down payment of KRW 400,000 and the intermediate payment of KRW 60,000,000 shall be paid on the day of the contract, the remainder of KRW 300,000 and the intermediate payment of KRW 300,000 after the completion of the lawsuit with E (F’s husband and agent). If E pays KRW 200,000,000 in the remainder of the performance amount, this contract shall be null and void and the amount received shall be refunded. The provisional registration of the sales contract shall be accepted on July 8, 2009. The Plaintiff shall not be held liable for any civil or criminal liability” (hereinafter “sales contract”).

B) On December 5, 2009, the Plaintiff and the Defendant stated that “the sales price of KRW 524,117,00,000, the down payment of KRW 90,000,000 shall be paid in December 5, 2009; the intermediate payment of KRW 200,000,000 on December 20, 209; and the intermediate payment of KRW 234,117,000 shall be paid in January 30, 201” (hereinafter “the sales contract as of December 5, 2009”).

(C) On March 25, 2010, the Plaintiff and the Defendant drafted a sales contract stating the purport that “The sales price is KRW 430,000,000, the down payment and the intermediate payment shall be paid in blank, and the remainder shall be paid in March 25, 2010” (hereinafter “the sales contract of March 24, 2010”).

2. The Plaintiff paid the Defendant KRW 100,000,000 on July 8, 2009, and KRW 100,000,00 on August 24, 2009 on behalf of the Plaintiff for the payment of the down payment and the purchase price under the instant sales contract. The Plaintiff’s creditor on behalf of the Plaintiff is 26,00,000.

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