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(영문) 부산고등법원 2017.10.26 2017나52484
매매잔대금등
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.

Reasons

1. The reasons for this part of this Court’s reasoning are as follows: “Until September 30, 2015,” among the fourth and seventh judgments of the court of first instance, “not later than October 31, 2015, the pertinent part of the reasons for the judgment of the court of first instance is the same as that of the relevant part of the judgment of the court of first instance, and thus, it is acceptable in accordance with the main sentence of Article 420 of the

2. Determination as to the cause of action

A. In a case where both parties to a claim for balance of the acquisition price are liable to pay money, instead of a loan for consumption, if both parties agree to make the subject matter the object the object of a loan for consumption (see Article 605 of the Civil Act), the loan for consumption becomes effective (see Article 605 of the Civil Act). The Plaintiff and the Defendant, at the time of the instant transfer agreement, borrowed the balance of the acquisition price of KRW 280 million from the Plaintiff on July 15, 2015, and concluded that the Defendant agreed to pay the Plaintiff in cash by July 31, 2016.

(See Article 13(2) of the Assignment Agreement. Therefore, the Defendant is obligated to pay to the Plaintiff the loan amount of KRW 280 million under the above quasi-loan agreement and the damages for delay therefrom from August 1, 2016, which is the day following the due date for payment.

B. At the time of the instant transfer contract, the Plaintiff and the Defendant agreed to pay KRW 6 million per month to the Plaintiff the Plaintiff the amount of KRW 6,000,000 per month from August 1, 2015 to July 31, 2016 as “interest and business premium nature of the balance of the contract.” After the Plaintiff and the Defendant changed the amount of the management fee of the instant case from KRW 6,00,000 to KRW 6,50,000,000. The fact that the Defendant paid the instant management fee to the Plaintiff from August 1, 2015 to October 31 of the same year is without dispute between the parties.

(Plaintiff was paid the cost of care for the external work on October 2015 at the first hearing date of this Court. Accordingly, the Defendant paid the Plaintiff KRW 6.5 million each month with the cost of care for the external work from November 2015 to July 2016.

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