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(영문) 수원지방법원 2018.08.22 2018가합377
손해배상(기)
Text

1. The Defendants jointly and severally liable to the Plaintiff KRW 431,958,430, and

A. As to KRW 367,781,420 among them, Defendant B shall be on March 1, 2018.

Reasons

1. On March 3, 2010, the Plaintiff: (a) sold to the Defendants KRW 1,050,000 of the purchase price of KRW 1,050,000, the Plaintiff agreed to pay KRW 3,000,000 per case to the Plaintiff in the event that the Defendants divide and sell the said land; and (b) bear capital gains tax, etc. on the said land.

However, the Defendants paid only KRW 1,00,000 out of the above purchase price to the Plaintiff, but did not pay the remainder of the purchase price, and did not pay KRW 21,00,000,000 for the sale of the above land by dividing it into seven parcels. The Defendants did not bear KRW 360,958,430, such as capital gains tax on the above land.

Therefore, the Plaintiff seek to the Defendants for payment of the total amount of KRW 431,958,430 under the above sales contract (i.e., KRW 50,00,000 for unpaid purchase price of KRW 21,000 for capital gains tax of KRW 21,00,000 for capital gains tax of KRW 360,958,430) and delay damages therefor

(H) In addition, the Defendants’ above acts constitute a tort by deceiving the Plaintiff, and the Plaintiff sought compensation for damages from the tort to the Defendants.

(Preliminary Claim). 2. Article 208 (3) 2 of the Civil Procedure Act of the applicable provisions of Acts (a judgment by deeming that the application is made);

3. Part of the Defendants’ partial rejection of the obligation to pay capital gains tax, etc. under the above sales contract is an obligation for which the due date has not been specified, and the Defendants are liable for delay from the date following the date of receipt of the request for performance. The Plaintiff shall be deemed to have requested for performance with respect to the part (64,177,010 won) expanding the claims of the Defendants until the date of delivery of the duplicate of the request for extension of claim and correction of the cause of the claim in this case

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