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(영문) 의정부지방법원고양지원 2020.12.02 2020가단95248
매매대금
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The defendant shall pay 70,00,000 won to the plaintiff and 12% per annum from September 22, 2020 to the day of complete payment.

Reasons

1. Basic facts

A. On December 17, 2015, the Plaintiff and C sold the building indicated in the attached list (hereinafter “instant building”) to the Defendant, and on March 8, 2016, the Plaintiff and C completed the registration of ownership transfer to the Defendant regarding the instant building.

B. On July 13, 2017, the Defendant prepared to the Plaintiff and C a letter of payment stating that the remainder of KRW 25 million in the purchase price of the instant building shall be paid KRW 20 million on July 10, 2017, KRW 25 million on July 25, 2018, KRW 20 million on July 25, 2019, KRW 20 million on July 25, 2019, and KRW 135 million on July 25, 2020, and delivered it to the Plaintiff (hereinafter “each letter of this case”).

[Reasons for Recognition] Unsatisfy, entry in Gap evidence 1 and 2 (including provisional number), the purport of the whole pleadings

2. According to the allegations and the above facts of recognition, the defendant is obligated to pay to the plaintiff KRW 70 million after deducting KRW 30 million from the person who received reimbursement from the plaintiff in accordance with the letter of this case, barring any special circumstance.

As to this, the defendant alleged that the plaintiff paid the plaintiff additional payment of KRW 15 million in excess of the amount of the plaintiff's person who received reimbursement, but there is no evidence to support this, and the defendant's above assertion is without merit.

Therefore, the defendant is obligated to pay to the plaintiff 70 million won with 12% interest per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from September 22, 2020 to the day of full payment, which is the day following the delivery of a copy of the complaint of this case.

3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim of this case is reasonable.

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