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(영문) 수원지방법원안양지원 2017.09.14 2014가단14106
손해배상(기)
Text

1. Defendant (Counterclaim Plaintiff) B: (a) KRW 18,593,360 against the Plaintiff (Counterclaim Defendant) and its related amount from April 2, 2014 to September 14, 2017.

Reasons

1. Basic facts - Plaintiff, Defendant B, and Nonparty D purchased Chungcheongnam-Gun E, F, G, and H4 lots (hereinafter “instant real estate”) for the purpose of investment on May 13, 2004 and completed the registration of ownership transfer by 1/3 shares, respectively. -

On January 3, 2005, the Plaintiff, Defendant B, and Nonparty D obtained a loan of KRW 150 million from the Mapo Mutual Savings Bank as security (the debtor’s name was D) and thereafter, received a substitute loan from the merchant Credit Union to D with the debtor on January 5, 2007.

They paid monthly interest on the above loans in equal shares of 1/3, and as the Plaintiff failed to pay interest, Defendant B paid on behalf of the Plaintiff the interest of KRW 9,725,336.

On the other hand, as the plaintiff, the defendant B, and the non-party D did not pay a debt to the merchant credit union, the merchant credit union filed an application for auction of the exercise of a security right with the Seosan Branch of the Daejeon District Court.

Accordingly, on March 8, 2012, the Plaintiff, Defendant B, and Nonparty D decided to sell the instant real estate, and on March 8, 2012, a sales contract was prepared between J, the husband of the Plaintiff, and K, the trustee of Defendant C, to sell the instant real estate in KRW 340 million. The details thereof are as follows.

(hereinafter referred to as the “instant sales contract”). (i) The sales amount shall be KRW 340,00,000,000, and the down payment shall be KRW 30,000,000 on the date of the contract, and the remainder KRW 310,00,000 on the date of the contract, shall be paid respectively on March 23, 2012.

Dor. The seller shall remove the defects in the registration (the withdrawal of auction, the termination of the establishment of a right to collateral security, and the termination of seizure) before the remainder.

Provided, That 30,000,000 won for down payment shall be kept in the real estate office, and a cash custody certificate shall be issued to the plaintiff's agent.

Secondly, in the absence of the seller, after confirming the telephone of the party, the contract will be concluded.

x. If the seller or the buyer fails to perform his obligation, the other party shall enter into the contract.

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