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(영문) 전주지방법원 2019.05.30 2018가합526
손해배상(기)
Text

1. The Defendants jointly share KRW 245,00,000 with respect to the Plaintiffs, and the period from December 7, 2018 to May 30, 2019.

Reasons

1. Facts of recognition;

A. 1) The Plaintiffs are the mother and child relationship, and E is the spouse of Plaintiff B and the Plaintiff’s reference, and F is Defendant D’s reference. 2) On September 2, 2017, for the purpose of running the leasing business, the Plaintiffs concluded a sales contract with the Defendants on September 2, 2017, under which the Defendants purchase the purchase price of KRW 1,94,000,000 (hereinafter collectively referred to as “instant real estate”). On the same day, the Defendants paid the down payment of KRW 100,000 to F, a representative of the Defendants. The instant sales contract includes the following:

Section 7 of this Agreement shall reimburse the seller of the down payment at the time of the down payment, and the buyer shall waive the down payment at the time of the down payment and shall not claim the return thereof.

3) The instant sales contract states that, on September 30, 2017, the intermediate payment of KRW 1.395 billion was paid in the intermediate payment, and the remainder KRW 45 million was paid in October 30, 2017; however, the Plaintiffs and the Defendants agreed on the method of payment of intermediate payment and the remainder (hereinafter “instant agreement”). In addition, the Plaintiffs and the Defendants agreed on the method of payment of intermediate payment and the remainder (hereinafter “instant agreement”).

Article 2. The purchaser will pay the purchase price as follows in the sale of the above real estate:

1. The intermediate payment is KRW 1,00,000,000,000 (loan 1,000,000,000,000 won for the first floor, KRW 25,00,000,000 for the second floor, KRW 5,000,000 for the second floor, KRW 2,00,000 for the third floor, KRW 6th floor, KRW 1,00,000 for the seventh floor, KRW 395,00,000 for the seventh floor) but it appears to be a clerical error.

shall be received by the seller and succeeded to the purchaser.

2. The seller shall receive part payments as of September 30, 2017.

3. The remainder of KRW 45 million shall be paid in cash, and KRW 200 million shall be paid up to March 30, 2018, the remainder of the deposit for the lease on a deposit basis for one year shall be paid up to March 30, 2018.

Special Agreement

3. Four actual seizures of Section A of the registry shall be 5,000, and those entered in four items shall be either written or written.

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