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(영문) 인천지방법원 2020.08.18 2020가단8226
구상금
Text

The defendant shall pay 38,837,704 won to the plaintiff and 5% per annum from March 12, 2020 to August 18, 2020 and the next day.

Reasons

1. Facts of recognition;

A. On August 10, 2015, the Plaintiff entered into a sales contract with the Defendant to purchase KRW 450,000,000 of the purchase price (hereinafter “instant sales contract”) of the Seo-gu Incheon Building D, Seo-gu, Incheon, which is owned by the Defendant, for the purchase of KRW 302.38,000 (hereinafter “instant real estate”). On September 22, 2015, the Plaintiff completed the registration of ownership transfer for the instant real estate on September 11, 2015.

B. E filed a lawsuit seeking revocation of the instant sales contract against the Plaintiff and the Defendant (Seoul Northern District Court Decision 2016Da126989, hereinafter “instant judgment”). On June 22, 2017, the said court rendered a judgment to the effect that “The instant sales contract concluded between the Plaintiff and the Defendant shall be revoked within the limit of KRW 5,837,704. The Plaintiff shall pay to E Co., Ltd. 5,837,704 and the amount at the rate of KRW 5% per annum from the day following the date the instant judgment became final and conclusive to the day of full payment.” The said judgment became final and conclusive around that time.

In addition, the Incheon Credit Guarantee Foundation filed a lawsuit seeking revocation of the instant sales contract against the Plaintiff, the Defendant, etc. to the effect that the instant sales contract constitutes a fraudulent act (Seoul District Court 2016dan207781). On August 10, 2017, the said court rendered a judgment to the effect that “the instant sales contract entered into between the Plaintiff and the Defendant shall be revoked within the limit of KRW 45,898,04. The Plaintiff shall pay to the Incheon Credit Guarantee Foundation the amount of KRW 45,898,04 and the amount of KRW 5% per annum from the day following the date the judgment in this case became final and conclusive to the day of full payment.” From the appellate court of the instant case (2017Na63279) to January 5, 2018, the Plaintiff shall be paid KRW 33,00,000 to the Incheon Credit Guarantee Foundation, and the Plaintiff shall be negligent in paying the amount of KRW 50,000,000 as the last day of each month.

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