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(영문) 수원지방법원안산지원 2017.07.12 2017가단353
매매대금
Text

1. Defendant B shall pay to the Plaintiff KRW 59,00,000 and the interest rate of KRW 15% per annum from April 6, 2017 to the date of full payment.

Reasons

Comprehensively taking account of the overall purport of arguments as to Gap evidence Nos. 1 and 2-1, 2, and 4-6 evidence, the plaintiff sold to defendant B (F company) on Nov. 13, 2014 a mid-term period of KRW 575,00,000,000, out of the remainder of the purchase price of KRW 130,000,000,000,000 other than the loans it decided to succeed, and as such, defendant B is obligated to pay damages for delay calculated at the rate of KRW 15,00,00,000,000,000 not paid to the plaintiff (=130,000,000 won - 71,000,000 won) and the following day after the final delivery of the original copy of the payment order of this case from Apr. 6, 2017 to the day of full payment.

The Plaintiff asserted that Defendant D and E, the heir of the deceased C, should pay the amount equivalent to the unpaid purchase price jointly and severally with Defendant B, on the premise that the deceased C, the husband of Defendant B, at the time of the above sale, agreed to pay the purchase price jointly and severally. However, there is no evidence to deem that the deceased C agreed to pay the purchase price jointly and severally, the Plaintiff’s allegation in this part is

The plaintiff's claim against the defendant B is justified, and the claim against the defendant D and E is dismissed as it is without merit. It is so decided as per Disposition.

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