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(영문) 대구지방법원안동지원 2015.11.04 2015가단21462
매매대금
Text

1. The Defendant amounting to KRW 95 million to the Plaintiff and the Plaintiff’s 20% per annum from June 11, 2015 to September 30, 2015.

Reasons

1. Comprehensively taking into account the purport of Gap evidence No. 1, witness C, and D’s testimony and the entire arguments, which are documents to determine the cause of the claim, the Plaintiff entered into a sales contract with the Defendant on February 8, 2015, to sell KRW 248,00,000,000,00 from the forest tree construction work in Gyeongbuk-gun E (hereinafter “instant sales contract”); at the time of the instant sales contract, the Defendant paid the purchase price by April 5, 2015, and agreed to complete the removal of pine trees by May 20, 2015, and the Plaintiff received KRW 175,00,000,000 from the said purchase price.

Therefore, the Defendant is obligated to pay the Plaintiff the remaining purchase price of KRW 95 million (i.e., KRW 270 million - KRW 175 million - KRW 175 million) and to pay damages for delay calculated at the annual rate of 15% per annum as prescribed by Article 3(1) main text of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings, Article 3(1) of the Addenda, Article 2(2) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings, and Article 3(1) main text of the former Act (wholly amended by Presidential Decree No. 26553, Sept. 25, 2015); and Article 3(1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings, as requested by the Plaintiff, from June 11, 2015 to September 30, 2015.

2. The defendant's assertion and judgment

A. Although the Defendant stated the sales contract (Evidence A No. 1) of this case as a purchaser, the Defendant merely participated in the sales contract as a purchaser in the name of D, but is not a party to the sales contract of this case and was well aware of it, and thus, the Defendant and D should seek payment of the unpaid price against D.

(b) who is a party to a contract generally is a contract.

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