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(영문) 서울서부지방법원 2020.01.09 2019가합36363
매매대금 지급
Text

1. The Defendants jointly pay to the Plaintiff KRW 623,00,000.

2. The plaintiff's remaining claims are dismissed.

3...

Reasons

1. Facts of recognition;

A. On November 17, 2014, the Plaintiff sold to the Defendants 1/2 shares of the land D (hereinafter “instant land”) in the Young-si District D (hereinafter “instant purchase and sale contract”) for KRW 48,9450,000 (hereinafter “instant land”).

B. Article 2 of the instant sales contract provides that KRW 30 million shall be paid on the date of the contract, and the intermediate payment of KRW 100 million shall be paid on November 17, 2014, and any balance of KRW 350,945 million shall be paid on May 17, 2015.

Pursuant to the above provisions, the Defendants paid the Plaintiff the sum of KRW 130 million in down payment and intermediate payment, but did not pay the remainder.

C. On July 18, 2015 and May 16, 2016, the Plaintiff urged the Defendants to pay any balance twice, but the Defendants failed to comply therewith.

Then, on June 30, 2017, the Plaintiff received a written statement from the Defendants stating that “The sales price under the instant sales contract shall be KRW 753 million (paragraph (1)) shall be paid by August 25, 2017 (Paragraph (2)), and the Defendants shall waive all the down payment and shall not raise an objection under the civil law (Paragraph (3))” (hereinafter “written statement of performance”).

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 4, Gap evidence 3-1 and 2, the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the above facts, barring any special circumstance, the Defendants are jointly obligated to jointly pay to the Plaintiff the remainder of KRW 623 million out of the purchase price of the instant land ( KRW 753 million according to the instant performance memorandum - the sum of the down payment and the intermediate payment paid KRW 130 million).

B. Furthermore, with respect to the above balance of KRW 623 million, the Plaintiff sought payment of damages for delay calculated at the statutory rate from August 26, 2017 to the date of full payment, which is the day following the due date stipulated in the instant performance note.

However, in the real estate sales contract, the buyer's obligation to pay the balance.

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