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(영문) 서울서부지방법원 2019.11.08 2019나33474
매매대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On July 12, 2007, the Plaintiff sold the purchase price of KRW 1,090,000 to the Defendant in Eunpyeong-gu Seoul and its ground buildings (hereinafter collectively referred to as “each of the instant real estate”), and the Defendant completed the registration of ownership transfer on each of the instant real estate on May 23, 2008.

1.Mutual recognition of down payment of KRW 80 million and the price already paid.

2. If the registration of transfer of ownership is filed, KRW 10 million out of the balance of the purchase and sale shall be paid at the same time as the registration of transfer of ownership, and the remaining KRW 25 million shall be paid at the same time after one month after the registration of transfer of ownership, and twenty million shall be paid at the end of two months after the registration of transfer of ownership, and interest at the rate of 2% per month after the expiration of each of the above periods shall be paid to the seller (the buyer shall deliver

(2) KRW 200 million shall be paid three months after the transfer of the ownership of each of the instant real property, and interest shall be paid at 2% per month after the lapse of the above period.

(In respect of such payment, the buyer shall deliver a promissory note to the seller by means of a notarized act. (hereinafter omitted)

B. On May 21, 2008, in relation to the payment of the purchase price of each of the instant real estate, the Defendant prepared and delivered to the Plaintiff a letter of undertaking with the following contents:

(2) On May 2, 2008, the Defendant issued three promissory notes with a total face value of KRW 245,000,000 (hereinafter “each promissory note of this case”) as shown in the separate sheet in order to secure the payment of KRW 200,000,000, and KRW 200,000 as indicated in Article 2-1 of the instant letter of undertaking of this case, respectively, (hereinafter “the instant letter of undertaking”). In order to secure the payment of KRW 20,00,000,00, the Defendant issued three promissory notes with a total face value of KRW 245,00,000 (hereinafter “each promissory note of this case”). Each authentic deed contains the purport of recognizing compulsory execution

(hereinafter referred to as “each notarial deed of this case”). / [Grounds for recognition] / A without dispute, each entry in Gap evidence Nos. 1, 3, and 6 (including paper numbers, hereinafter the same shall apply), and the purport of the whole pleadings.

2. Judgment on the main defense of this case

A. The defendant's defense is the defendant's letter of commitment of this case.

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