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(영문) 대전지방법원논산지원 2016.05.18 2015가합359
부동산매매 미수금
Text

1. The Defendant’s KRW 420 million to the Plaintiff, as well as 5% per annum from October 26, 2013 to December 2, 2015.

Reasons

1. Determination as to the cause of claim

A. On August 13, 2013, the Plaintiff sold a factory site C 2314.1 square meters and a two-story factory (1405 square meters on the first floor, 200 square meters, 200 square meters on the second floor) of the general steel structure on the land in Seosan-si, the fact that the purchase price was to be paid in installments as follows is no dispute between the parties:

Upon entering into the contract of KRW 200 million, the first intermediate payment of KRW 150 million and KRW 150 million in the second intermediate payment of KRW 150 million on August 23, 2013, and the remainder of KRW 1 billion on September 3, 2013.

The Plaintiff is a person who received KRW 1 billion in September 13, 2013, KRW 80 million in October 25, 2013, and KRW 1 billion in total from the Defendant as the purchase price.

Furthermore, comprehensively taking account of the overall purport of the statements and arguments set forth in subparagraphs 1 and 2-1 and 2, the Plaintiff may complete the registration of ownership transfer of the subject matter of sale to the Defendant on September 13, 2013, and recognize the fact that it was delivered around that time.

C. Therefore, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the remainder of the purchase price of KRW 420 million (i.e., KRW 1.., KRW 1 billion - KRW 1 billion) and damages for delay calculated at the rate of 5% per annum prescribed in the Civil Act from October 26, 2013 to December 2, 2015, the service date of the original copy of the instant payment order, which is the service date of the original copy of the instant payment order, and from the next day to the day of full payment, 15% per annum prescribed in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.

2. Judgment on the defendant's assertion of additional reimbursement

A. The Defendant asserts that, on September 13, 2013, the purchase and sale amount of KRW 1 billion paid to the Plaintiff is the remainder, and in addition, the Defendant paid KRW 200 million on June 7, 2013, KRW 150 million on the first intermediate payment on August 23, 2013, KRW 150 million on the second intermediate payment on September 6, 2013, and KRW 150 million on the second intermediate payment on September 6, 2013, and paid the full amount of the purchase and sale debt.

B. According to the written evidence Nos. 2-4, D, the representative of the defendant, withdrawn KRW 200 million from his account on June 7, 2013, and D, the first intermediate payment payment payment date, from its account on August 23, 2013 to the Plaintiff’s account on August 23, 2013.

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