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(영문) 서울중앙지방법원 2018.05.16 2017가단5160555
구상금
Text

1. The Defendant’s KRW 53,610,00 and the Plaintiff’s annual rate of KRW 5% from May 1, 2010 to August 28, 2017.

Reasons

1. Facts of recognition;

A. On August 31, 2007, the Defendant entered into a contract to lease out the same content as the attached list (hereinafter referred to as “instant sales contract”). The Defendant entered into a contract for the lease out of the instant commercial buildings, which is an agent for the lease and sale of land and underground E commercial buildings (hereinafter referred to as “non-party company”). The first floor of the instant commercial buildings (the exclusive use area of the first unit: the store lottery and the sales price according to the determined store size: the sales price according to the remaining store size after the payment) with the same content as the attached list.

B. On September 11, 2009, the Plaintiff entered into a contract with the Defendant to acquire the status of the buyer under the instant sales contract from the Defendant (hereinafter “instant acquisition contract”), and the C reconstruction Association and the non-party company consented to the said transfer and acquisition.

C. The instant transfer contract was concluded by the Plaintiff and the Defendant to succeed to the status of the buyer on the premise that the sum of KRW 95,480,000 in the sales price and the first or fourth intermediate payments (the remaining condition is that only the remaining amount is 23,870,000 won) agreed upon in the instant sales contract, as shown in the attached list, after obtaining confirmation of the payment status of the sales price from the Nonparty Company prior to the conclusion of the contract, was paid by the Plaintiff and the Defendant on the premise of the payment status of the down payment and the first or fourth intermediate payments (the part in which the payment date was until December 2008).

On February 25, 2010, the Plaintiff: (a) won at the store 74 square meters underground (14.24 square meters, including exclusive use area 3.91 square meters: hereinafter “instant store”); (b) around March 19, 2010, the Nonparty Company issued the Plaintiff with the details of settlement according to the sales area of the instant store and notified the Plaintiff of the payment of accounts payable by April 30, 2010.

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