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(영문) 인천지방법원부천지원 2017.12.07 2016가단107730
매매대금
Text

1. The defendant shall pay KRW 10,260,493 to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. Of the costs of lawsuit.

Reasons

1. Facts of recognition;

A. On March 27, 2015, the Plaintiff entered into a sales contract with the Defendant to sell “Gegran City C and D Total Amounting to KRW 2,389m2” for KRW 939,49,492,000. The Plaintiff agreed to pay the price on the date of conclusion of the contract.

On March 27, 2015, the Plaintiff completed the registration of ownership transfer of the above land to the Defendant.

B. On March 27, 2015, the Plaintiff: (a) under the evidence No. 8, the seller entered into a sales contract with the Plaintiff’s representative director, not the Plaintiff; (b) on March 27, 2015, the Plaintiff entered into an agreement with the Defendant to sell “10m2 out of the Plaintiff E land, 44m2 out of the G land, 21m2 out of the G land, 52m2 out of the G land, and 127m2 out of the H land, and 34,450,000 won, and the said payment was also paid on the date of conclusion of the contract.

On the same day, the Plaintiff completed the registration of ownership transfer with respect to shares of each land above.

C. However, as part of the land C and D acquired by the Defendant was divided into I on March 22, 2016, the Plaintiff and the Defendant agreed to settle the purchase price of the said two sales contracts at KRW 858,00,000. The Plaintiff received KRW 750,000,000 in total from the Defendant around the time of the said settlement.

Of the remaining remaining 108,00,000 won, 5,000,000 won was decided to be deducted in consideration of the tax to be borne by the Defendant.

On November 24, 2016, the Plaintiff received KRW 103,000,000 from the Defendant for the remainder of the purchase price.

[Reasons for Recognition] The facts without dispute, Gap evidence Nos. 1 through 8, part of Gap evidence No. 9, the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion: (a) the Defendant is obligated to pay KRW 103,00,000, out of the purchase price that the Defendant agreed to pay to the Plaintiff on March 27, 2015, which was the date of entering into a contract, to the Plaintiff on November 24, 2016; and (b) the Defendant is obligated to pay the Plaintiff damages for delay calculated at the rate of KRW 25,693,561, which is calculated at the rate of 15% per annum from March 28, 2015 to November 23, 2016.

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