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Reasons
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(영문) 울산지방법원 2018.06.27 2018가단52305
매매대금
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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 50,339,725 and KRW 35,000,000 among them, from February 1, 2018 to June 27, 2018.

Reasons

1. Facts of recognition;

A. On July 31, 2014, the Plaintiff sold to the Defendants the purchase price of KRW 365,000,000 (the contract amount of KRW 30,000,000 when the contract was made, and the remainder of KRW 335,00,000,000 was paid at the time of the contract (hereinafter “instant purchase contract”), and received KRW 30,000,000 from the Defendant B on the day of the contract.

B. On August 7, 2015, the Defendants provided the instant land to a financial institution as a joint collateral with the Plaintiff’s consent, and paid KRW 200,000,000 among them as the remainder of the instant sales contract.

In addition, the Plaintiff and the Defendants agreed on the same day that “the Defendant shall pay the Plaintiff the remainder of the instant sales contract of KRW 135,000,000 and the interest calculated at the rate of 5% per annum for the said amount until December 31, 2015, and the interest calculated at the rate of 10% per annum after January 1, 2016.”

(hereinafter referred to as “instant agreement”). C.

After all, the Defendants paid KRW 100,000,000 out of the remainder of the instant sales contract to the Plaintiff on July 14, 2016, and did not pay the remainder, etc. even after the closing date of the instant contract.

[Reasons for Recognition] Defendant B: A without dispute, entry of evidence Nos. 1, 2, and 6, and the purport of the whole pleading as a whole, Defendant C: Confession (Article 208(3)2 of the Civil Procedure Act)

2. According to the above facts of determination, the Defendants jointly and severally provided for in the instant contract to the Plaintiff ① The remainder of KRW 35,000,000 (=135,00,000 - 100,000), ② The remainder of the sales contract to KRW 135,00,000,000, which is the day following the date of the instant agreement, from August 8, 2015 to December 31, 2015, calculated at the annual rate of KRW 2,70,000 (=135,00,000 x 00 x 0.05 x 146/365), ③ the remainder of the sales contract from January 1, 2016 to October 10, 200, respectively.

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