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(영문) 대구지방법원 2019.03.15 2018가단20009
계약금반환 등
Text

1. The Defendant: KRW 71,624,715 for each of the Plaintiffs and 4% per annum from July 21, 2018 to September 17, 2018; and

Reasons

1. Chief;

A. On March 26, 2018, the Plaintiffs and the Defendant concluded a contract to trade KRW 6611 square meters of the purchase price of KRW 840,000,000 (hereinafter “the instant contract”).

2) At the time of the instant sales contract, there was no access road to the instant forest, and there was no access road to the instant forest. Accordingly, the Defendant concluded a special contract under which both parties may rescind the instant contract in the event that the site for the access road was purchased and the intermediate payment is not implemented before the intermediate payment is paid. (iii) However, the Defendant failed to secure access land by June 30, 2016, which extended the payment period of the first intermediate payment until June 30, 2016. As such, the Plaintiffs notified the Defendant of the rescission of the instant sales contract on July 3, 2018, and accordingly, the Defendant paid the Plaintiffs KRW 60,000,000 on July 20, 2018.

4) Therefore, if the Defendant calculates the above KRW 60,00,00 as of July 20, 2018, the Defendant is obligated to pay the Plaintiffs interest of KRW 200,000,000 and interest interest of KRW 4% per annum from March 28, 2018 to July 20, 2018, the following day of the instant contract, and KRW 728,890 per annum from the following day of the instant contract to July 20, 2018 under the proviso to paragraph (10) of the instant contract. However, the Defendant is obligated to pay the Plaintiffs annual interest of KRW 60,00,000,00 paid by the Defendant from the following day of the instant contract to July 20, 208. However, the Defendant is obligated to pay the Plaintiffs annual interest of KRW 20,715,713,1424,429, and the annual interest payment order of KRW 15,201,781.

B. The defendant's assertion and the defendant

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