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(영문) 대전지방법원천안지원 2014.05.13 2014가합515
매매잔금
Text

1. The Defendant’s KRW 170,000,000 for the Plaintiff and the following: 5% per annum from March 30, 2013 to January 23, 2014;

Reasons

The Plaintiff, on January 17, 2013, sold to the Defendant the amount of KRW 330,000,000 for the purchase price of KRW 890,00,000 in Asan City. On the same day, the Plaintiff received KRW 160,000 for the down payment from the Defendant on the same day, and agreed on the payment date of KRW 170,000 for the remainder as of March 29, 2013.

The Plaintiff completed the registration of ownership transfer under the name of the Defendant, which was based on sale on January 17, 2013, as the receipt of No. 3654, Jan. 17, 2013, but did not receive any balance of KRW 170,000,000 from the Defendant until now.

[Ground of recognition] In light of the above-mentioned facts, Gap evidence Nos. 1 and 2, and the purport of the entire pleadings, the defendant is obligated to pay to the plaintiff damages for delay at each rate of 20% per annum under the Civil Act from March 30, 2013 to January 23, 2014, which is apparent in the record that the delivery date of the original copy of the payment order in this case is from March 30, 2013 to January 23, 2014, and from the next day to the date of full payment.

The defendant asserts that the balance at the time of the above sales contract was agreed to pay the loan after completion after completion of the construction of the new construction of the D ground telecom. However, there is no evidence to acknowledge it, and the above assertion is without merit.

In conclusion, the plaintiff's claim is reasonable, and it is so decided as per Disposition.

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