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(영문) 서울중앙지방법원 2017.02.01 2015가단67862
수목대금
Text

1. The Defendant’s KRW 40,000,000 as well as 20% per annum from May 5, 2015 to September 30, 2015 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On April 18, 2012, the Plaintiff entered into a sales contract with C, the Defendant’s agent, to purchase KRW 150,000,00 for KRW 40,00,00,00 from the former Free Zone D and eight parcels of land.

On April 27, 2012, the Plaintiff drafted a re-contract directly with the Defendant.

(Attached 1., hereinafter referred to as “instant contract”). (b)

On April 19, 2012, the Plaintiff paid KRW 40 million to the Defendant.

C. The Plaintiff applied for permission to extract and remove pine trees to the State-owned Forest Service, but the Defendant was determined to refuse to extract and remove pine trees on the ground that it is not the owner of pine trees.

On July 25, 2012, the Defendant paid to the Plaintiff KRW 30 million, excluding KRW 10 million, out of KRW 40 million, up to December 31, 2012, and prepared and issued a cash custody certificate to the effect that the instant contract will be rescinded.

(Attached 2, hereinafter referred to as “the cash custody certificate of this case”).

On December 31, 2012, the defendant transferred KRW 1 million to E, the representative director of the plaintiff, E, her husband, to F.

[Ground of recognition] Each entry of Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1 and 2 (including branch numbers), and the purport of the whole pleadings

2. The instant contract on the grounds of the claim was rescinded by agreement of the parties around July 25, 2015.

Therefore, as the Defendant’s restitution to the Plaintiff, the Defendant is obligated to pay to the Plaintiff the sales price of KRW 40 million and damages for delay calculated at the rate of 20% per annum from May 5, 2015 to September 30, 2015, and 15% per annum from the next day to the day of full payment, as the Plaintiff seeks.

(3) On October 1, 2015, the Defendant’s liability is limited to KRW 30 million as stated in the cash custody certificate of this case, and the remainder of KRW 10 million shall be repaid by C, and KRW 10 million shall be paid on December 31, 2012. Thus, the Defendant’s liability should be returned to KRW 29 million as the interest rate under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, amended from October 1, 2015.

In the case of this case, the Dop.

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