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(영문) 제주지방법원 2015.10.13 2015가단6011
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1. The Defendant’s KRW 10,000,000 to the Plaintiffs, as well as 5% per annum from September 9, 2015 to October 13, 2015, respectively.

Reasons

1. Basic facts

A. On December 18, 2014, the Plaintiffs concluded a sales contract with the Defendant to purchase the instant land owned by the Defendant with the purchase price of KRW 510 million, and the down payment of KRW 50 million is KRW 460 million on the date of the contract, and the balance of KRW 460 million was paid until February 10, 2015 (hereinafter “instant sales contract”), and paid KRW 50 million down payment.

B. The Plaintiffs prepared a written confirmation stating that “If the remainder payment is not made by February 25, 2015, the payment of the remainder is not made until February 25, 2015, the Plaintiffs agreed to terminate the instant sales contract,” as they were extended from the Defendant by February 25, 2015.”

C. On February 25, 2015, the Plaintiffs were unable to prepare any balance even until February 25, 2015, the due date for which the payment was postponed by the Defendant on February 6, 2015, and were extended by March 6, 2015, and “finally, until March 6, 2015, the remainder is paid until March 6, 2015,” and if the remainder is not paid by the due date, the Plaintiffs promised to waive the down payment amount of KRW 50 million and to not raise a civil or criminal objection.”

(D) The Plaintiffs drafted the remainder payment period on March 1, 2015. As the Plaintiffs were unable to make the remainder payment even on March 6, 2015, they additionally delivered the amount of KRW 10 million to the Defendant as interest or apology, and requested the Defendant to extend the payment period for the remainder by March 12, 2015. The Defendant extended the payment period for the remainder payment by March 12, 2015.

2. The parties' assertion

A. The Defendant asserted that the Defendant received KRW 10 million from the Plaintiffs on March 6, 2015, and extended the remainder payment period by March 13, 2015. However, the Plaintiffs prepared for the remainder payment amounting to KRW 460 million on March 13, 2015 and sought the Defendant. However, the remainder payment period was March 12, 2015.

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