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(영문) 대전지방법원 2015.06.25 2015가단8701
대여금
Text

1. Of the instant lawsuit, the sum of KRW 30 million, which was due on December 31, 2015 and KRW 100 million, which was due on December 31, 2016, 13.

Reasons

1. Facts of recognition;

A. On September 9, 2011, the Plaintiff entered into a sales contract with Defendant B to sell the Plaintiff’s land and buildings owned by the Plaintiff at KRW 550 million, with respect to the said land and buildings owned by the Plaintiff. On September 19, 2011, the Plaintiff completed the registration of ownership transfer based on the said sales contract under the said Defendant’s name.

B. On September 15, 201, Defendant B paid the Plaintiff the remainder of KRW 250 million out of the purchase price as well as interest thereon, with Defendant C’s joint and several sureties’s payment on September 15, 201; Defendant B agreed to pay the Plaintiff KRW 250 million in six installments; KRW 30 million among them, KRW 30 million on March 30, 2012; and KRW 30 million on December 31, 2012; KRW 30 million on December 31, 2013; and KRW 30 million on December 31, 2013; and KRW 30 million on December 31, 2014; and KRW 10 million on December 31, 2015; and each of the instant agreements on December 31, 2016 (hereinafter “instant agreement”).

C. Meanwhile, the Defendants paid to the Plaintiff KRW 30 million, which is the due date of March 30, 2012, and KRW 30 million, which is the due date of December 31, 2012, but did not pay to the Plaintiff the amount set forth in the instant agreement thereafter, including KRW 30 million, which is the due date of December 31, 2013.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 2, and 3 and the purport of the whole pleadings

2. The Plaintiff’s assertion: (a) the Defendants primarily asserted that the Defendants are obligated to pay interest or delay damages in total amount of KRW 30 million, which is due on December 31, 2013, and KRW 30 million, which is due on December 31, 2014; and (b) thereby lose the benefit of time; (c) the Defendants jointly and severally claim against the Plaintiff that the Defendants should jointly and severally claim for performance, including the aforementioned KRW 60,000,00,000, which is due on December 31, 2015, and KRW 30,000,000,000, which is due on December 31, 2016, and KRW 19,000,000,000, which is due on December 31, 2016, and KRW 19,000,000,000,000 from January 1, 2012.

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