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(영문) 의정부지방법원고양지원 2016.11.17 2016가단16217
매매대금반환
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 45,502,832 and the interest rate thereon from June 14, 2016 to the date of full payment.

Reasons

1. In full view of the purport of the pleadings Nos. 1 through 8, the Plaintiff entered into a contract with Defendant B to purchase KRW 214 million prior to D on September 9, 2008. At the time, Defendant B agreed to cancel the right to collateral security established on the said land until the remainder payment date. According to the above sales contract, the Plaintiff paid Defendant B the sum of KRW 20 million (the date of the contract) and the intermediate payment of KRW 50 million ( September 24, 2008). However, Defendant B failed to cancel the right to collateral security by the remainder payment, and the Defendants jointly received KRW 70 million from the Plaintiff on February 19, 2009 for the return of the above purchase price of KRW 70 million and the payment of damages for the remainder payment of KRW 20 million,000,000,0000,0000,0000,000 won, and the Plaintiff can be recognized as having received a promissory note from the notarial District Court No. 25164.28.

2. According to the above facts of determination, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 45,502,832 (=70 million - 24,497,168) and damages for delay calculated by the rate of 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from June 14, 2016 to the date of full payment, which is the day following the delivery of the original copy of the instant payment order.

3. The plaintiff's claim is justified, and this is accepted.

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