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(영문) 수원지방법원 2019.10.17 2019가합18870
기타(금전)
Text

1. The Defendant: (a) 229,50,000 won to the Plaintiff (Appointed Party); (b) 155,000,000 won to the Appointed C; and (c) 235,000 won to the Appointed D.

Reasons

1. Facts of recognition;

A. On October 15, 2015, F and G entered into a sales contract (hereinafter “instant sales contract”) with the Defendant to sell the entire H commercial building in the 1,857,000,000 Won (70 million won in contract amount, intermediate payment of KRW 300 million, any balance of KRW 857,000,000, value-added tax separately), between the Defendant and the Defendant, and on March 15, 2016, F and G succeeded to the status of the said sales contract from G.

(hereinafter referred to as “F, etc.”) . F, etc. paid a sum of KRW 900 million to the Defendant as part of the down payment and intermediate payment.

B. The Defendant agreed to cancel the instant sales contract with F, etc. on November 28, 2018, and agreed to refund the 900 million won of the contract deposit and intermediate payment that F, etc. paid to the Defendant by December 27, 2018, separately from the 900 million won of the contract deposit and intermediate payment that the Defendant paid to the Defendant, etc. according to the instant sales contract, to F, etc. by December 27, 2018, but paid the additional 8% of the annual damages for delay

In addition, at the same time as the above rescission agreement was concluded, the Defendant agreed to pay the following money to the Plaintiff, etc. between the designated parties including the Plaintiff (appointed parties, hereinafter “Plaintiffs”) who are creditors of F, etc. (hereinafter “Plaintiffs, etc.”) and the designated parties including the Plaintiff, etc. (hereinafter “Plaintiffs, etc.”).

C. 78,500,000 Ga 229,500,000 Ga 155,000,000 Ga 235,000 Ga 78,500,000 Ga 78,500 / [based on recognition] without dispute, Gap 1 through 5,8,9 Ga 1 (including the number of branch numbers), the purport of the whole pleadings, and the purport of the whole pleadings

2. According to the above facts of determination, the defendant is an agreed interest rate for delay from December 28, 2018 to June 21, 2019, which is the day following the date of the above agreed amount payment to the plaintiff (appointed party), KRW 229,50,000 to the Selection C, KRW 155,000 to the Selection D, KRW 235,000,000 to the Selection E, and each of them is the agreed interest rate for delay from December 28, 2018 to June 21, 2019.

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