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(영문) 서울동부지방법원 2014.03.18 2013가합103535
소유권이전등기
Text

1. The defendant shall pay to the plaintiff the amount of KRW 30,641,094 and KRW 30,150,410 among them, from December 14, 2013 to the day of complete payment.

Reasons

1. Basic facts

A. On March 26, 2013, the Plaintiff agreed to lend KRW 30,000,000 to the Defendant (hereinafter “instant loan”). On the same day, the Plaintiff purchased real estate listed in the separate sheet (hereinafter “instant real estate”) from the Defendant and agreed to purchase KRW 30,00,000,000 from the Defendant on the same day, and the instant sales contract is null and void as the special terms and conditions that read “the instant sales contract, upon repayment of KRW 30,000,000 on April 16, 2013, shall be binding on all documents necessary for the transfer of ownership, without any condition, at the time of repayment by the due date.” (hereinafter “instant sales contract”).

B. On March 28, 2013, the Defendant: (a) borrowed KRW 30,00,000 per annum to the Plaintiff at the interest rate of KRW 30,00,000; and (b) “the loan certificate of this case to the Plaintiff with the effect that the loan was made on April 16, 2013.”

(C) On March 29, 2013, the Plaintiff paid KRW 30,000,000 to the Defendant. Meanwhile, on May 28, 2013, the Defendant completed the registration of ownership transfer based on the sale and purchase as of April 2, 2013 in the future C on the instant real estate on May 28, 2013. [Attachment A, 2, and 3 evidence, 11 evidence, and the purport of the entire pleadings,” and the purport of the entire pleadings.

2. The plaintiff's assertion

A. The Plaintiff, at the time of the instant loan, determined the interest at 30% per annum. The “three copies per annum” stated in the instant loan certificate is merely an error.

On the other hand, the defendant did not repay the loan by April 16, 2013, which is the due date. The defendant sold the real estate to a third party although it was obligated to transfer the ownership of the real estate of this case to the plaintiff according to the sales contract of this case, thereby causing damage to the plaintiff.

The amount of damages sustained by the Plaintiff due to the Defendant’s nonperformance of the above obligation is KRW 31,504,109 [the amount equivalent to the interest accrued from March 29, 2013 to May 28, 2013 [the above KRW 30,000 x the above annual 30% x 61/365 x 61 days]. Thus, the Defendant is obligated to pay to the Plaintiff the amount that is the same as the amount stated in the primary purport of the claim.

(b).

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