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(영문) 대전고등법원 2016.04.22 2014나14601
약정금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. The reasoning of the judgment of the court of first instance for the acceptance of the judgment is to delete the "right of prior reimbursement as the right of prior reimbursement" in Part 5 of the judgment of the court of first instance, and to add "from December 20, 2013" in Part 5, 19 to "from December 20, 2013" (a claim against the Defendants under the agreement of this case has no fixed deadline for the performance period, and the Defendants shall be liable for delay from the time of receiving the request for performance)", and the "right of compensation" in Part 5, Paragraph 1 of the same Article shall be deemed to read "right of contract in accordance with the agreement of this case", and the grounds of the judgment of the court of first instance other than additional determination as to the newly asserted counterclaim in the court of first instance as follows 2. Thus, it shall be cited as is in accordance with the main sentence of

2. Additional determination

A. 1) The Plaintiff and the Defendants agreed to purchase the instant real estate in KRW 340,00,00 and drafted the instant agreement. The Plaintiff’s claim for the purchase price against the Plaintiff is offset against the Plaintiff’s claim against the Defendants by the Plaintiff’s automatic bond. 2) The Defendants paid KRW 20,186,010 in total, including acquisition tax, registration license tax, commission, housing bond purchase cost, etc. in order to complete the registration of ownership transfer after being awarded a successful bid under the Plaintiff’s delegation. As such, the Defendants paid KRW 20,186,010, including acquisition tax, registration license tax, commission, housing bond purchase cost, etc., with the Defendants’ claim

3) The Defendants paid interest amounting to KRW 5,551,583 on the instant loan. The Defendants’ claim for refund of the said interest expense against the Plaintiff is set off against the Plaintiff’s claim against the Defendants. B) As to set-off of the purchase price claim, the sales contract (Evidence No. 23) written between the Plaintiff and the Defendant entered KRW 340,000 in the purchase price for the instant real estate in the sales contract (Evidence No. 23) prepared between the Plaintiff and the Defendant, does not conflict between the parties, but is recognized in the underlying facts under paragraph (1).

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