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(영문) 부산지방법원 2019.08.30 2018나61031
매매대금
Text

1. The plaintiff's appeal is dismissed.

2. Pursuant to the addition of the purport of the claim by this court, the defendant shall be the plaintiff 25,000.

Reasons

1. The reasoning of the court’s explanation concerning the instant case is as follows: (a) the Plaintiff’s explanation on the instant case is to dismiss “as of September 24, 2012,” which read “as of October 25, 2012,” which read “as of September 24, 2012,” which read “as of October 25, 2012,” and (b) the reasoning of the judgment of the first instance as of the Plaintiff’s claims added at the trial is as stated in the part of the judgment of the first instance, and thus, it is acceptable

2. Judgment on the plaintiff's additional claims

A. The summary of the Plaintiff’s assertion is that the Defendant is obligated to pay on behalf of the Plaintiff the secured debt amounting to KRW 140 million, which the Plaintiff had borne with respect to D land according to the special agreement of the instant sales contract, and the Defendant does not pay KRW 25 million out of the secured debt up to the present day. As such, the Defendant is obligated to pay the Plaintiff the said KRW 25 million and the damages for delay pursuant to the special agreement of the said sales contract.

B. The instant sales contract provides that the purchaser shall succeed to the seller's debt amount of KRW 140 million, including the amount of KRW 65 million under a special contract, and that the succession of the debt amount under the said special contract is for the purpose of substituting the payment of purchase price equivalent to the above debt amount of KRW 140 million. The following facts are found as follows: (a) The Defendant's performance of obligations under the above special contract on the obligation amount of KRW 1440 million; (b) Gap evidence 2; and (c) 26 through 30 (including serial number); (d) the Defendant's succession of the above debt amount of KRW 140 million pursuant to the special contract of the instant sales contract; (e) the sum of the secured debt amount of KRW 65 million under the name of H union established on D land; and (e) the secured debt amount of KRW 300 million (the maximum debt amount of KRW 234 million); and (e) the secured debt amount of KRW 75 million under the name of the J-mortgage; and (vi) the secured debt amount of KRW 3000 million.

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