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(영문) 수원지방법원안양지원 2017.10.19 2017가단5325
분양대금반환 등
Text

1. The Defendant shall pay to the Plaintiff KRW 113,775,098 and the interest rate of KRW 15% per annum from April 5, 2017 to the date of full payment.

Reasons

1. Basic facts - On January 9, 2014, the Plaintiff entered into a contract between the Defendant and the Defendant that the Plaintiff purchased B 603 units (hereinafter referred to as “instant accommodation facilities”) that the Defendant sold from the Defendant, in total, KRW 111,805,800.

After that, on October 19, 2015, the Defendant issued to the Plaintiff a written undertaking to immediately cancel the sales contract and refund the sales price (111,805,800 won) paid by the Plaintiff when B was not completed on June 2016.

However, B was not completed until June 2016 -

Meanwhile, the Defendant agreed to pay the Plaintiff the monthly income of KRW 984,649 from March 25, 2015 to February 25, 2020, but did not pay KRW 1,969,298 in aggregate of the earnings of February and March 2017.

[Reasons for Recognition] Unsatisfy, Entry of Evidence A1 to 4, the purport of the whole pleadings

2. According to the above facts, the Defendant is obligated to pay to the Plaintiff the sales price of KRW 111,805,80 and the proceeds of KRW 1,969,29,298, totaling KRW 113,775,098, and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from April 5, 2017 to the date of full payment after the original copy of the instant payment order was served on the Defendant.

3. Conclusion, the plaintiff's claim of this case is accepted on the ground of the reasons.

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