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(영문) 대구지방법원 2019.12.12 2018가단23671
매매잔대금
Text

1. The Defendant’s KRW 21,451,100 as well as the Plaintiff’s annual rate of KRW 5% from November 10, 2018 to December 12, 2019, and the following.

Reasons

1. Facts of recognition;

A. (1) The Plaintiff purchased, on May 18, 2017, the Daegu Jung-gu Seoul metropolitan apartment D (hereinafter “instant store”).

(2) On August 30, 2018, Plaintiff E entered into a contract to sell the instant store in KRW 760 million to the Defendant (hereinafter “instant contract”).

(3) In the instant sales contract, KRW 10 million was paid on September 17, 2018 on the date of the contract, the intermediate payment of KRW 20 million on September 17, 2018, and the remainder of KRW 130 million on October 1, 2018.

[1] Of 600 million won, ① KRW 570 million is the obligation for loans secured by the right to collateral security established on the instant store (hereinafter “the obligation for the instant loans”).

(2) 30 million won was substituted by the method of accepting the obligation to return the lease deposit of the store of this case)

B. (1) The Defendant transferred down payment and intermediate payment to the Plaintiff’s account on the fixed date.

(2) The Defendant remitted total of KRW 40 million to the Plaintiff’s account as the remainder (i.e., KRW 5 million on October 8, 2018; KRW 2.5 million on October 5, 2018; KRW 3.5 million on October 19, 100, KRW 40 million on April 1, 19, KRW 10 million, KRW 50 million on November 1, 11).

(3) The Defendant remitted 20 million won to F’s account on October 4, 2018, and the Plaintiff recognized that the remainder was paid.

C. On November 9, 2018, the Plaintiff completed the registration of ownership transfer for the instant store to the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, Gap evidence 3, Eul evidence 3 and 10, the purport of the whole pleadings

2. Determination:

A. According to the facts established on the basis of the judgment on the cause of claim, the Defendant’s remaining claim amounting to KRW 70 million out of the remainder of the sales price in the instant store (i.e., KRW 130 million - KRW 60 million) was withdrawn as a preparatory document on November 20, 2019.

The plaintiff clearly states that part of the claim is a claim, thereby seeking payment of KRW 37,741,471 out of this money.

shall be liable to pay such amount.

(b).

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