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(영문) 대구지방법원 2015.07.17 2014나305819
매매대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

. The Defendant paid 80 million won as contract deposit to the Plaintiff at the same time with the contract deposit, and the Plaintiff received it.

C. (Means of Payment for Price of Goods): Any balance shall be paid in full on June 22, 201 at the end of the instant period.

* Other matters 1) The down payment of 30 million won in cash, 50 tons in gender-type, 550 tons in gender-type (50 million won), 2, 300 tons in daily gold-type, 800 tons in daily gold-type, 3, 850 tons in KRW 550, and 550 tons in automatic wind-type, and up to July 20, 201 on the date of the transfer, after attaching 50 tons in automatic wind-type, 3,000 tons in automatic wind-type, the Plaintiff between the Defendant and the Defendant on June 16, 2011, as L/G-type, (1,80 tons in daily gold-type, hereinafter “instant sex-type,”).

2) The sales contract to sell the purchase price of KRW 130 million (hereinafter “instant sales contract”)

(B) The Plaintiff entered into the instant contract, and the main contents are as follows. B. The Plaintiff delivered the instant period of punishment to the Defendant pursuant to the instant contract, and the Defendant paid KRW 80 million out of the purchase price to the Plaintiff. [The purport of each of the items and arguments as stated in subparagraphs A and 2, based on recognition, is as follows.]

2. The parties' assertion

A. At the time of the conclusion of the instant sales contract, the Plaintiff and the Defendant paid KRW 50 million out of the purchase price, which is 550 tons or less of the purchase price, to be 550 tons or less of the Defendant’s sex.

(2) On the other hand, the Defendant agreed to pay the remainder of 550 tons of the purchase price to the Plaintiff in cash if the Plaintiff is unable to move 550 tons of the sex organ. However, the Defendant did not move the remainder of 550 tons of the purchase price to the Plaintiff. As such, the Defendant is obligated to pay the remainder of the purchase price (=130 million won - KRW 80 million), and delay damages therefrom.

Even if there was no such oral agreement

Even if the defendant did not move 50 tons of sex organs until the plaintiff closes his/her business, the defendant shall pay compensation for the amount of KRW 50 million and damages for delay.

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