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(영문) 수원지방법원 성남지원 2018.10.02 2018가단3563
매매대금
Text

1. The Defendants jointly and severally agreed to the Plaintiff KRW 46,00,000, and 5% per annum from August 17, 2015 to May 17, 2018.

Reasons

1. Basic facts

A. On July 16, 2015, the Plaintiff entered into a sales contract with Defendant D to pay KRW 32 million for intermediate payment until July 20, 2015 and KRW 10 million until August 16, 2015 (hereinafter “instant sales contract”). The Plaintiff entered into the sales contract (hereinafter “instant sales contract”).

B. After concluding the above sales contract, the Plaintiff’s actual content of each of the two forms of payments from Defendant B and Defendant D is identical, and thus, is deemed to be based on the statement in Defendant B’s name.

The submission of each of the instant payments (hereinafter referred to as “each of the instant payments”) was received, and the Defendant C jointly and severally guaranteed each of the payments.

The above-mentioned payment note refers to the payment in cash not later than August 16, 2015, in aggregate of the E-land purchase price (10,000,000) and above-ground property compensation (36,000,000) and 46,000,000 won, and simultaneously with F, G and H land Sejong Bank first loans, the second-class collateral security right is set up against A and simultaneously with the payment of the balance (46,00,000,000).

In addition, I will be legally responsible for the violation.

(E) On July 16, 2015, 201, the principal amount of the seller suspended (90,000,000) shall be recognized key even if it takes precedence, and (2) on July 16, 2015, the joint and several surety: Name C (Signature) / [based on recognition] without dispute, each entry in Party A’s Nos. 1, 2, and 3 (including each number), and the purport of the entire pleadings.

2. The assertion and judgment

A. The Defendants asserting that the Plaintiff’s assertion was actually jointly and severally purchased the instant land and ground water from the Plaintiff, and prepared each of the instant payment forms for the payment of the purchase price. Accordingly, the Defendants should pay to the Plaintiff the amount of KRW 46,00,000 and the damages for delay incurred from August 17, 2015, which is the day following the payment date.

B. As long as the conclusion of the judgment on the cause of the claim is recognized to be authentic.

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