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Reasons
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(영문) 부산지방법원 2015.11.20 2013가단96550
매매잔대금
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1. The Defendant’s KRW 11,50,000 as well as the Plaintiff’s annual rate of KRW 5% from November 30, 2013 to November 20, 2015.

Reasons

1. Facts of recognition;

A. On June 10, 2013, the Plaintiff: (a) sold to the Defendant KRW 180,000 as a total purchase price (hereinafter “instant sales contract”); and (b) on the same day, the Plaintiff received KRW 50 million as a down payment from the Defendant on the day, on the same day, KRW 50,000,000 from the Defendant.

B. On July 19, 2013, the Plaintiff received KRW 14 million from the Defendant as part of the remainder, and issued the documents necessary for the registration of transfer of ownership of two and one logs to the Defendant.

C. Of the above subject matter of sale, two out of the above subject matter of sale, the Plaintiff was delegated the sales authority to the Plaintiff as the owner of Kinmanius Co., Ltd. (hereinafter “Non-Party Co., Ltd.”). However, there was a dispute over the validity of the above sales agreement due to the payment of balance between the Plaintiff, Defendant, and Non-Party Co., Ltd.

During that process, the defendant had documents necessary for the registration of transfer of ownership that was received from the plaintiff and completed the registration of transfer of ownership on July 25, 2013 with respect to one of the above logs on the next day as to two of the above logs.

Around August 13, 2013, the Defendant and the non-party company paid KRW 95 million to the non-party company as the purchase price for the above search period of two landings. Upon closing the dispute, the Plaintiff agreed that the non-party company shall be liable if the Plaintiff raises an objection thereto. Around that time, the Defendant paid KRW 95 million to the non-party company.

[Ground of recognition] Facts without dispute, entry in B-1 to 4, 9 through 13, and purport of the whole pleadings

2. Determination

A. According to the above facts, unless there are special circumstances, the defendant does not dispute the plaintiff's remaining 21 million won (=180 million won - 50 million won - 14 million won - 95 million won (the plaintiff is also entitled to deduction) under the above sales contract.

2) The payment has a duty to pay.

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