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(영문) 대구지방법원 2018.10.12 2017가단23070
매매대금
Text

1. The Defendant’s KRW 10,600,000 as well as 5% per annum from May 9, 2016 to October 12, 2018 to the Plaintiff.

Reasons

1. Chief;

A. The Plaintiff and the Defendant asserted 1) on May 9, 2016, the land of Jung-gu Daegu-gu and its ground wooden houses (hereinafter “instant housing”).

A) The sales contract for the purchase price of KRW 226,00,000 (hereinafter “instant sales contract”) is concluded.

(2) The Plaintiff and the Defendant agreed to pay 22,600,000 won to the Plaintiff on the same day. (2) The Plaintiff and the Defendant agreed to determine the remainder payment date under the special contract under paragraph (4) of the sales contract at the time of the instant housing sales contract, and that the Defendant would delay the remainder payment to the Defendant immediately after the sales contract was concluded.

3) However, from March 6, 2017, where one year has not passed since the date when the Plaintiff entered into the instant sales contract, the Plaintiff and the Defendant were to pay the remainder of the instant sales contract to the Defendant from March 6, 2017, and have failed to comply therewith, and thus the Plaintiff seeks to pay KRW 22,600,000 with the payment of the instant sales contract amount and the delay damages and the amount of damages. (B) If the Defendant’s assertion is widely understood, it can be interpreted as follows. (1) The Plaintiff and the Defendant agreed to cancel the instant sales contract by changing the payment date of the remainder to September 30, 2016, and to waive the claim for refund of the remainder.

However, the instant sales contract was rescinded due to the Plaintiff’s failure to pay the purchase and sale balance to the Defendant by September 30, 2016.

2) On September 30, 2016, the Plaintiff asserted the cancellation fee: (a) renounced the claim for refund of the down payment; and (b) rescinded the instant sales contract; (c) the Plaintiff.

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