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(영문) 서울중앙지방법원 2015.09.04 2013가합7030
손해배상
Text

1. The Defendant shall pay KRW 85,081,844 as well as 5% per annum from July 25, 2015 to September 4, 2015, and complete payment from the following day.

Reasons

1. Basic facts

A. On May 15, 2006, the Plaintiff entered into a sales contract (hereinafter “instant sales contract”) with the Defendant with respect to the real estate listed in the attached list owned by the Defendant (hereinafter “instant real estate”) at KRW 59,265 million (the contract amounting to KRW 60 million, intermediate payment to KRW 200 million, and KRW 33,2650,000), and agreed that the remainder may be offset against the Plaintiff’s claim for construction payment against the Plaintiff’s Co., Ltd. (hereinafter “C”).

B. After that, the Plaintiff paid only KRW 100 million among the down payment and the intermediate payment to the Defendant, and did not pay the remainder of the purchase price. On November 30, 2006, the Plaintiff acquired KRW 195 million as collateral obligations of the right to collateral security regarding the instant real estate of the Bank with the Defendant and C (hereinafter “Korean bank loan obligations”) and KRW 50 million as collateral repayment obligations of the lease deposit (hereinafter “the obligation to refund the deposit of this case”), and acquired the remainder of KRW 187.65 million as collateral (hereinafter “the obligation to refund the deposit of this case”). The Plaintiff agreed to pay KRW 187.65 million as collateral (the purchase price of this case) - KRW 592.65 million - (the obligation to refund the deposit of this case KRW 1950 million as collateral repayment obligation of the bank loan of this case) and the Defendant paid KRW 195 million as collateral repayment obligation of KRW 50 million) and the amount of the contract payment of KRW 379,2975 million as collateral.275 million as the Plaintiff’s.

C. Accordingly, on November 30, 2006, C paid the remaining construction cost (=277,192,500 won - 197,502,320 won) remaining after offsetting as above to the Plaintiff on November 30, 2006.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1 (including additional statement number; hereinafter the same shall apply), the purport of whole pleadings

2. Judgment on the plaintiff's claim

A. The plaintiff's assertion is made by the defendant to the plaintiff, and the "the real estate of this case to the third party in the voluntary auction procedure.

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