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(영문) 청주지방법원 2018.10.25 2018가합3479
매매대금반환
Text

1. The Defendant’s KRW 120,160,492 as well as 6% per annum from February 2, 2018 to October 25, 2018 to the Plaintiff.

Reasons

1. Basic facts

A. On August 29, 2016, C acquires the Plaintiff’s status as a buyer, and C is the Defendant and Sejong-si No. 2 E (hereinafter “instant shopping mall”).

A) As to the sale price of KRW 1,007,00,000, the sales contract was concluded, and the Defendant paid KRW 201,40,000 to the Defendant on the same day as the down payment. The Defendant concluded a trust contract with F Co., Ltd., and C remitted the down payment to F Co., Ltd.’s account (the fact that it was paid to the Defendant).

hereinafter the same shall apply.

(1) The main contents of the above sales contract are as follows:

1. A (the defendant, hereinafter the same shall apply) shall supply the above display property (the commercial building of this case; hereinafter the same shall apply) to B (the plaintiff, hereinafter the same shall apply) with the total sale amount below, and Eul shall pay the corresponding amount under the account under the name of B (F; hereinafter the same shall apply) designated under paragraph (2) of this Article within the due date for payment as follows, and Gap shall not be obligated to separately notify each payment date.

On August 29, 2016, 190,000,000,000 11,400,400,000 intermediate payment first (20%) on September 20, 2016, 2000 intermediate payment of KRW 11,400,000,000 intermediate payment (20%) on September 20, 2016; 201,400,400 intermediate payment of KRW 200,400,000 (10%) on November 20, 200, 500, 70,000,000, 70,000, 100,70,70, 700, 700, 700, 700, 500, 305, 307, 305, 305, 2005, 305, 2005, 3005, 2004

6. If B pays the proceeds of supply as a loan to a financial institution, the proceeds of the loan shall be deposited into the account set forth in Section 2 of this Article from the due date set forth in Section 1 of this Article and shall bear overdue interests set forth in Section 1 of Article II of this Agreement at the expiration of the due date.

8.B shall pay interest on loans, in cases where they receive loans from part payments.

[Article 2] Article 2 (Advance Payment Fee, Arrears Fee, and Compensation for Delay)

1. B shall be an intermediate payment and.

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