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(영문) 광주지방법원해남지원 2020.05.26 2019가단2015
약정금
Text

1. The Defendant’s KRW 43,700,000 as well as 5% per annum from November 16, 2019 to May 26, 2020 to the Plaintiff.

Reasons

1. Basic facts

A. On December 12, 2017, the Plaintiff entered into a sales contract with Gwangju Metropolitan City, Nam-gu and its ground brick structure, cement structure, and land brick structure, one-story roof, and 50.8 square meters of cement block structure, slive roof, one-story, and 2.97 square meters of the cement block structure, one-story, and one-story, (hereinafter “each of the instant real estate”), with C, to purchase KRW 270 million.

B. On December 12, 2017, the Plaintiff’s total sum of KRW 200 million and KRW 70 million received from E is above KRW 270 million.

The Defendant paid the purchase price stated in the subsection to the Defendant, and completed the registration of ownership transfer on each of the instant real estate on the same day.

Meanwhile, in the process of acquiring each of the instant real estate on December 12, 2017, the Plaintiff paid 3.7 million won in total to a certified judicial scrivener at acquisition tax and other costs.

1. The amount of investment shall be KRW 23.7 million and shall be decided through consultation if such additional amount is required;

2. The defendant uses the amount paid by the plaintiff as expenses for purchasing the land in the business site.

3. In purchasing land in a project site, more or less than the amount invested shall be supplemented separately by additional documents.

(A) The Defendant shall pay 70 million won at the same time, apart from the total amount invested by the Plaintiff, as a compensation for investment of the total amount invested by the Plaintiff; and the date of payment shall be April 30, 2018; and the compensation shall be paid at the time of early collection of the early investment by February 28, 2018.

Provided, That the amount of compensation to be received shall be paid in cash.

(A) The amount of investment under a special agreement is not deposited into the account. The acquisition cost incurred when the land designated by the defendant is transferred shall also be recognized as the amount of investment.

B. The Plaintiff

As stated in paragraph (1), with regard to the total of KRW 23.7 million, including acquisition tax paid to a certified judicial scrivener and the total of KRW 3.7 billion, excluding KRW 70 million paid from E out of KRW 270,000,000 as the purchase price paid to the Defendant as the purchase price, the Plaintiff shall be liable to compensate for the total of KRW 3.7 million.

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