(영문) 서울중앙지방법원 2015.02.05 2014가합510779

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(영문) 서울중앙지방법원 2015.02.05 2014가합510779

약정금

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The facts under each of the following subparagraphs may be acknowledged either in dispute between the parties or in combination with the whole purport of the pleadings in Gap evidence 1 and 2:

On October 30, 2013, the Plaintiff sold the purchase price to the Defendant for KRW 3,470,000,000 (hereinafter “the instant sales contract”). On October 30, 2013, the Plaintiff sold to the Defendant the purchase price of KRW 3,470,000,000 (hereinafter “instant real estate”).

According to the instant sales contract, the Defendant paid the remainder amount of KRW 500,000,000 to December 31, 2013 when entering into the contract, respectively. According to the instant sales contract, the Defendant stated that the remainder amount of KRW 2,970,000,000 shall be paid in December 31, 2013 as the special terms and conditions under the instant sales contract include that the payment of the remainder shall be made in the first and second-class city without delay

B. On December 30, 2013, the Plaintiff completed the registration of ownership transfer for each real estate of this case to the Defendant as the head of Daegu District Court No. 186770, which was the receipt of the vice branch branch branch court’s support with respect to each real estate of this case.

2. Determination as to the cause of action

A. The Plaintiff’s assertion was made by the Defendant on December 20, 2013 and December 31, 2013 after the instant contract was concluded, but the Defendant did not perform the agreement, and thus, the Defendant is obligated to pay the Plaintiff value-added tax amounting to KRW 149,062,241 as well as the delay damages therefrom.

B. As alleged by the Plaintiff, it is difficult to believe that the Defendant agreed to bear the value-added tax pursuant to the instant sales contract, the entry of No. 4, corresponding thereto, and witness D’s testimony in light of the following circumstances acknowledged by comprehensively considering the overall purport of the pleadings as a whole, and there is no other evidence to acknowledge it.

① The sales price of each real estate of this case is KRW 3,470,000, and value-added tax is KRW 150,000.

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