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(영문) 대구지방법원 2015.10.30 2014가단26788
매매대금
Text

1. The defendant shall pay 3,882,580 won to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. The costs of lawsuit:

Reasons

1. On January 28, 2013, the Plaintiff’s gist of the Plaintiff’s assertion sold approximately KRW 1,019 (=A factory site 924.4 square meters (3,056 square meters) of access road 94.6 square meters (312.75 square meters)) of each of the following lands to the Defendant at KRW 234,370,000 per square meter, but the Defendant did not pay only KRW 213,960,000 out of the above price, and paid only KRW 20,410,000,000, which is the remainder of the price.

(B) The Plaintiff and the Defendant concluded the above sales contract is the instant sales contract, which covers the subject matter of the above sales contract, and is the instant land (hereinafter “the instant land”).

2. Three thousand thousand four hundred and seventy-one square meters before Yongcheon-si;

3. The Defendant also agreed to bear KRW 3,82,580, out of the loan interest accrued between April 30, 2013 and October 31, 2013, as well as KRW 11,340,725, calculated as KRW 230,000 per square meter with respect to 163 square meters among 652 square meters of land, which was to be donated in Youngcheon-si, as a condition for permission for development of the said land, and KRW 3,882,580, out of the loan interest accrued from April 30, 2013 to October 31, 2013.

Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay incurred from November 1, 2013, as of KRW 31,750,725, which is the aggregate of the remaining purchase price and the price of the land donated among KRW 35,63,305 and the said money.

2. Determination

A. We examine the remaining claim for the sales price as to the sales price amount of the sales contract of this case.

There is no dispute between the parties as to the fact that the area of the instant land subject to sale is 1,019 square meters, and that the unit price per square meter is 2,30,000 won in the sales contract.

In full view of the evidence Nos. 2 to 5, 6 (a statement of accounts, according to witness E’s testimony), 10 evidence, witness E’s testimony and the purport of the entire pleadings, the Plaintiff and the Defendant calculated as KRW 20,380,000 = 20,000 per deliberation out of the purchase price of the instant sales contract x 1.

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