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(영문) 대구지방법원 2016.08.09 2016가단105838
약정금
Text

1. The Defendant’s KRW 95,700,000 for the Plaintiff and the following: 5% per annum from August 25, 2015 to March 28, 2016.

Reasons

1. The Plaintiff is a person engaged in the manufacturing and wholesale and retail business of bedclothes with the trade name “D” in Daegu-gu, and the Defendant is a corporation engaged in the manufacturing of bedclothes in Daegu-gu E.

On May 2, 2015, the Plaintiff concluded a sales contract with the Defendant and the Daegu-gu Office-based E, 3.14, 315, and 316 with a total sum of KRW 50,000 ( KRW 314,20,000, KRW 315,000, KRW 3166, KRW 316,5,000 ( KRW 314,000, KRW 248,047, KRW 600, KRW 363,200, KRW 314,200, KRW 315, KRW 315, KRW 315, KRW 315, KRW 3200, KRW 316, KRW 200, KRW 3200, KRW 2400, KRW 316, KRW 2081, KRW 2816, KRW 20816, KRW 200, KRW 270816, etc.).

The Plaintiff and the Defendant agreed to conclude the instant sales contract that “the value-added tax on the building portion shall be separate from the sales amount” as a special agreement.

On June 12, 2015, the representative director F of the Defendant paid the down payment to the Plaintiff KRW 30,000,000 on June 19, 2015, and KRW 30,000,000 on June 19, 2015.

In the instant sales contract, the Defendant agreed to pay the remainder to the Plaintiff upon receiving a loan. The Defendant received a loan from the Plaintiff and deposited KRW 1,560,000 on August 8, 2015, and the Defendant also paid the remainder to the Plaintiff.

The Plaintiff completed the registration of transfer of ownership on August 28, 2015 to the Defendant on the instant real estate on May 22, 2015.

[Grounds for recognition] The Evidence Nos. 1 through 5 are written. 2. Determination

A. As the Defendant agreed to pay the value-added tax on a building separately to the Plaintiff in the instant sales contract for determining the cause of the Plaintiff’s claim, KRW 95,700,00 [= KRW 957,00,000 in total purchase price of the building (= KRW 363,200,000 in total) KRW 322,70,000 in total, KRW 271,000 in total] and the date of payment for the remaining amount:

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