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(영문) 서울중앙지방법원 2017.10.12 2016가합577172
약정금
Text

1. On December 29, 2016, the Defendant (Counterclaim Defendant) filed against the Plaintiff (Counterclaim Defendant) for KRW 345,509,490 and KRW 340,288,930 among them.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. 1) On September 14, 2016, the Plaintiff and the Defendant entered into the instant exchange contract, etc., and land and above-ground buildings located in Daejeon-gu Daejeon-gu, Daejeon-gu (hereinafter “Segu Real Estate”).

) Land and above ground buildings located in Bocheon-si D and the Defendant’s possession (hereinafter referred to as “Macheon-si Real Estate”).

2) The contract to exchange (hereinafter referred to as “instant exchange contract”)

A) The main contents are as follows: 1. A (the amount of a loan of 702.8m2m2 in the area of a site for exchange property C, Jung-gu, Daejeon, Daejeon, where the Plaintiff’s property is located: 2.33 billionm2: the deposit of 5842m2 in the building area: KRW 693 million in the amount of KRW 23.46 million in the monthly rent:

2. An underground parking lot of 326.40 square meters in a 102.2 square meters in a building of 102.2 square meters in a building of 102.2 square meters in a building of 102.2 square meters in a building of 708 square meters in a 213 square meters in a building of 213 square meters in a 217.53 square meters in a electricity room, or a G G 141 square meters in a 141 square meters in a building of 141 square meters in a building of 142.72 square meters in a electricity room (4 meters in a 92.72 square meters in a

3. B shall accept a loan and security deposit for both goods for both parties to A, and pay the balance as the contract and the balance.

The payment shall be made for KRW 100,000,000,000 for the balance.

The down payment amount of KRW 30,000,000 shall be paid and received in September 14, 2016 and the balance of KRW 30,000 ( KRW 70,000) shall be paid in September 27, 2016.

(no special agreement shall be any more severe)

1. The parties to the contract, Gap and Eul shall confirm the goods for exchange in person and faithfully perform the contract;

4.B shall agree to grant a loan of approximately one billion won to B's goods at the completion of the transfer of the two goods, and the consulting cost for the loan shall be paid by Section B.

5. The monthly rent of the article A is an amount at the time of the contract, and thus, it may be changed additionally; and

2) The Plaintiff received a total of KRW 100 million from the Defendant on September 14, 2016, and KRW 100 million on September 27, 2016, as the difference arising from the above exchange contract. 3) The Plaintiff received the said exchange contract with respect to the real estate on October 12, 2016.

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