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(영문) 부산지방법원 2020.05.27 2019가합47335
약정금
Text

1. The Defendants are jointly and severally liable to the Plaintiffs for KRW 30,000,000 and KRW 100,000 among them, from October 1, 2018.

Reasons

1. Facts of recognition;

A. On February 13, 2018, the Plaintiffs entered into a sales contract on the instant driving range (hereinafter “instant sales contract”) with the Defendants, on five parcels, including the 4,885 square meters in Busan E-gun, and installed three-story buildings and sports facilities, and operated “F” a mutual driving range (hereinafter collectively referred to as “instant driving range”).

Land portion: The remainder of the purchase price of KRW 3,700,000 (payment on February 13, 2018) and KRW 3,200,000,000 (payment on April 3, 2018): The remainder of KRW 1,400,000 for the purchase price of KRW 650,000 for the down payment of KRW 650,000 for the remainder of KRW 750,000 (payment on February 13, 2018) (payment on April 3, 2018) (payment on April 3, 2018)

B. The instant sales contract includes the following special agreements (hereinafter “instant special agreement”).

1.The land(the land, buildings, facilities, equipment, and fixtures, as well as the land, buildings, facilities, and fixtures, in the area of sale and purchase under this Agreement, shall be included in the area of sale and purchase. The same shall apply to the side of this item on the day of the purchaser.

2. The balance date shall, in principle, be the balance date ( March 31, 2018) under the contract;

7. The buyer pays 4.55 billion won, including the down payment, out of the total sales amount of 5.1 billion won, and the seller pays the total sales amount of 5.5 billion won, and the seller pays the ownership transfer registration.

Provided, however, 50 million won out of the sale amount shall be deferred (payment of KRW 200 million as of June 2018, payment of KRW 100 million as of September 2018, payment of KRW 250 million as of December 2018, and payment of KRW 250 million as of December 2018).

The Defendants paid 4,550,000,000 won to the Plaintiffs according to the instant sales contract, and thereafter agreed with the Plaintiffs to reduce the remaining amount of KRW 550,000,000 as KRW 530,000 under the instant special agreement with the Plaintiffs.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 5, 7, Eul evidence No. 1, the purport of whole pleadings

2. According to the above facts of determination as to the cause of the claim, the Defendants, a merchant, are stipulated in paragraph (7) of the instant special agreement and Article 57 (1) of the Commercial Act.

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