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(영문) 대구지방법원경주지원 2016.10.11 2016가단2348
매매대금
Text

1. The Defendant shall pay to the Plaintiff KRW 30,00,000 and the interest rate of KRW 15% per annum from May 5, 2016 to the date of complete payment.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the respective descriptions set forth in Gap evidence Nos. 1, 2, 3, and 4, and Eul evidence No. 1 (including paper numbers) and the whole purport of the pleadings:

On March 23, 2015, the Plaintiff sold the purchase price of KRW 775,000,000 (the contract amount of KRW 120,000,000,000, and the remainder of KRW 655,000,000) to Defendant and his wife C.

(hereinafter “instant sales”). Under the instant sales contract, the Defendant and C determined the remainder payment date as June 23, 2015, and agreed to pay the remainder of the sales price as “after the current tenant’s dissipation of real estate.”

B. At the time of the instant sales contract, the lessee operated the Ecar Center, the tea store, the fork store, and the Franchi store respectively from 4 containers or above-ground objects.

C. On June 23, 2015, the Defendant reserved the payment of KRW 30,000,000, out of the balance of the purchase price of this case, and agreed to repay the said loan after the delivery to the Defendant by the lessee of the tea store and the store on the instant land.

hereinafter referred to as "Agreement on June 23, 2015"

C. On June 23, 2015, Defendant and C completed the registration of ownership transfer on the instant land.

On October 30, 2015, the lessee of the convenience store among the lessees delivered the store to the defendant on December 30, 2015, and on December 30, 2015, the store to be held by the lessee was delivered to the defendant respectively.

2. Summary of the parties' arguments

A. Since the lessee of the Plaintiff’s shop and the lessee of the Plaintiff’s shop deliver each shop to the Defendant, the Defendant should pay the Plaintiff KRW 30,000,000 borrowed from the agreement on June 23, 2015.

B. The Plaintiff stated to the Defendant that the term of lease on the instant land expires on December 31, 2015, and that the Plaintiff would transfer the main store to the Defendant by extending the term of lease on the instant land by one year. The lessee of the Franchis shop is the director’s cost.

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