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(영문) 수원지방법원 2018.01.31 2017가단76
양도대금
Text

1. As to KRW 28,500,000 and KRW 10,000 among them, the Defendant shall pay to the Plaintiff KRW 28,50,000 from June 21, 2016, and KRW 18,50,000.

Reasons

1. Facts of recognition;

A. The Plaintiff transferred to D the claim for the return of the lease deposit for the real estate located in C in the Ssung City, and D paid the transfer price of KRW 48.5 million in three installments on May 25, 2016, KRW 25 million on June 20, 2016, KRW 25 million on June 20, and KRW 8.5 million on October 31, 2016, respectively. The damages for delay was set at 15% per annum, and the Defendant jointly and severally guaranteed the obligation to pay D transfer price.

B. D paid KRW 5 million on May 25, 2016, and did not pay the remainder of the transfer price. On June 22, 2016, D paid KRW 15 million after the Plaintiff’s request for the payment of the transfer price, but did not pay the remainder of the transfer price in KRW 28.5 million.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 3, purport of the whole pleadings

2. According to the judgment and the facts of the above recognition, the Defendant, as a joint and several surety of D, is obligated to pay the remainder of the transfer price of KRW 28.5 million and the remainder of KRW 18.5 million from June 21, 2016, which is the following day of the due date, to pay the amount calculated by the rate of 15% per annum of the agreed delay damages from November 1, 2016 to the date of full payment.

Therefore, the plaintiff's claim is accepted on the ground of the reasons.

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