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(영문) 서울동부지방법원 2015.03.03 2014가단55179
양수금
Text

1. The Defendant shall pay to the Plaintiff KRW 7.6 million and the interest rate of KRW 20% per annum from October 21, 2014 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On May 4, 2010, the Defendant sold 180 million won pine trees of Gangnam-si D and E on the ground, and concluded a sales contract with the content that the Defendant would immediately cancel the contract where the permission to extract trees was not granted until the end of September 2010, and that the Defendant would have agreed to repay the principal amount received.

(hereinafter “instant sales contract”). B.

C paid 85 million won to the Defendant as the purchase price pursuant to the instant sales contract.

C. However, the instant sales contract was rescinded because permission to extract trees was not granted.

C around early 2014, upon the cancellation of the instant sales contract, C transferred the claim for the refund of the purchase price of KRW 85 million that it had against the Defendant, and C notified the Defendant of the transfer of the said claim around that time.

E. Upon requesting the Plaintiff to pay the acquisition amount to the Defendant, the Defendant paid KRW 7 million to the Plaintiff by August 5, 2014, and on August 5, 2014, prepared and issued a letter of payment with the purport that the Plaintiff would pay the remainder of KRW 78 million to the Plaintiff.

F. Since then, the Defendant repaid to the Plaintiff KRW 400,000.

[Grounds for Recognition: entry in the evidence of subparagraphs 1 through 4, the purport of the whole pleadings]

2. According to the facts of the above recognition, the Defendant is obligated to pay to the Plaintiff the amount of KRW 77.6 million with the acquisition amount or the agreed amount ( KRW 78 million-4 million) and the damages for delay calculated at the rate of 20% per annum from October 21, 2014 to the day of full payment, which is the day following the day following the delivery of the copy of the complaint in this case, to the day of full payment.

3. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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