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(영문) 서울북부지방법원 2017.07.11 2016가단40481
부동산매매대금
Text

1. The Defendant’s KRW 31,725,819 for the Plaintiff and KRW 5% per annum from December 1, 2016 to July 11, 2017.

Reasons

1. Basic facts

A. On December 10, 192, the Plaintiff entered into a sales contract with the Defendant and Gwanak-gu Seoul Special Metropolitan City for the purchase price of KRW 52 million, and received KRW 32 million from the Defendant.

B. On August 4, 1998, the defendant made a payment note (Evidence No. 1; hereinafter referred to as the "written note of this case") stating that the plaintiff will pay 20 million won to the plaintiff by December 31, 1998, and that he will pay 12% interest per annum if he fails to do so.

C. On November 24, 2010, the Defendant prepared and sent to the Plaintiff a letter (Evidence A 2; hereinafter “instant letter”) stating that the amount of KRW 35 million shall be paid by November 24, 2015, to the Plaintiff by November 24, 2015.

The Defendant paid each of the Plaintiff KRW 2 million on November 18, 2015, and KRW 2 million on May 3, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination as to the cause of action

A. The plaintiff's assertion that the defendant is obligated to pay the plaintiff KRW 20 million with the total of KRW 96,713,000,000 paid by the defendant and interest thereon.

B. In light of the above facts, it is reasonable to view that the Plaintiff and the Defendant agreed to settle the real estate sale price at KRW 35 million on November 24, 2010 and repay it until November 24, 2015.

Therefore, KRW 2 million paid by the Defendant on November 18, 2015 is appropriated for principal and remaining KRW 33 million. KRW 2 million paid on May 3, 2016 is appropriated for principal and interest up to KRW 33,725,819 ($ 30 million + interest KRW 725,819) and the principal remains remaining at KRW 31,725,819. As such, the Defendant, from December 1, 2016, the delivery date of a copy of the complaint of this case sought by the Plaintiff as to the existence and scope of the Defendant’s duty to perform, until July 1, 2017, which is the date of delivery of a copy of the complaint of this case sought by the Plaintiff.

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