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(영문) 춘천지방법원강릉지원 2019.01.15 2018가단3683
매매대금
Text

1. The Defendant: 5% per annum from July 1, 2016 to August 10, 2018, and on August 11, 2018, to the Plaintiff.

Reasons

On December 24, 2015, the Plaintiff sold the amount of KRW 510,00,000,000 to the Defendant for KRW 500,000,000,000,000, and completed the registration of ownership transfer of the instant land. The Defendant agreed to pay the purchase price up to June 30, 2016, and paid KRW 370,000,000 to the Plaintiff is not a dispute between the parties, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the remainder of the purchase price of KRW 14,00,000,000,000 from July 1, 2016 to August 10, 2018, the authentic copy of the payment order equivalent to the copy of the instant complaint, which was delivered to the Defendant, at each annual rate of 15% as stipulated in the Civil Act, under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, whichever is next to the date of full payment.

Although the Defendant appears to the purport that the agreement to pay the balance by June 30, 2016 is a condition to suspend the construction of a building on the instant land under which the construction of a new building was not made, and thus, the payment date has not arrived at. However, there is no evidence to acknowledge that the agreement was made on condition of the payment of the balance, and there is no evidence to support that the agreement was made on condition of the payment of the balance [no evidence No. 4-2 as alleged by the Defendant’s representative director D], the Defendant’s assertion is without merit.

Therefore, the plaintiff's claim is justified, and it is so decided as per Disposition by applying Articles 98 and 213 of the Civil Procedure Act to the burden of litigation costs and the declaration of provisional execution.

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