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(영문) 청주지방법원 2015.01.14 2013가합3078
손해배상 등
Text

1. The Defendant’s KRW 90,97,089 as well as the Plaintiff’s annual rate of 5% from May 2, 2012 to January 14, 2015.

Reasons

1. Basic facts

A. On January 28, 2008, the Plaintiff entered into an exchange contract with the Defendant and the Plaintiff on the basis of the parcel number as at the time divided after the exchange contract of this case, as shown in attached Form 2 attached hereto, with each real estate listed in attached Table 1 (hereinafter collectively referred to as “real estate 1”) and each real estate listed in attached Form 2 owned by the Defendant.

(hereinafter referred to as "second real estate") has entered into a contract with the main contents to exchange (hereinafter referred to as "the typical exchange contract of this case") (hereinafter referred to as "the exchange contract of this case" is difficult to be deemed as "the typical exchange contract of this case," and the part relating to this case in the exchange contract of this case is as follows:

The part payment of KRW 1,710,000,000, the amount of the real estate assessed as 2,710,000,000, the amount of the succeeded obligation is the amount of the second real estate assessed as 1,700,000,000, the amount of the succeeded obligation, and the part payment of KRW 1,700,000,000, the amount of the part payment under the special agreement, is the Defendant’s loan (295,00,000).

1. The plaintiff and the defendant shall cooperate promptly with all necessary documents, such as building authorization and permission, to the maximum extent possible.

5. The interest on loans shall be based on the balance date.

6. The period of authorization and permission for the construction of the Defendant’s land at issue shall be six months from the date of the contract. If the Plaintiff fails to pay KRW 1,700,000 to the Defendant within six months from the contract date, interest shall be paid to the Defendant until the transfer of ownership by applying 12% per annum

9. The plaintiff and the defendant, regardless of the authorization and permission of construction, establish this contract and transfer registration of ownership respectively.

B. On January 28, 2008, the date of the instant exchange contract, the Defendant paid the Plaintiff the down payment of KRW 50,000,000 on January 31, 2008, and on January 31, 2008, the Defendant subrogated the Plaintiff’s obligation of KRW 295,000 out of the Plaintiff’s obligation in lieu of the payment of intermediate payment in accordance with the terms and conditions of the instant exchange contract, and on April 3, 2008, paid KRW 70,000 to the Plaintiff on April 3, 2008, paid KRW 1,415,000,000 as collateral obligation of the right to collateral security to the non-performing agricultural cooperative, and subrogated this.

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