logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원원주지원 2017.07.13 2016가합5821
부당이득금
Text

1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.

2. Of the costs of lawsuit.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Facts of recognition

On February 19, 2010, the Plaintiff entered into a contract with the Defendant to purchase KRW 2,600,000,000, total price of the real estate listed in the separate sheet (hereinafter collectively referred to as “instant real estate”).

(hereinafter “instant sales contract”). The payment date of the sales price under the instant sales contract is as follows.

On May 30, 2011, the Plaintiff’s first down payment and delivery of the instant real estate to the Defendant on February 30, 201, as the first down payment, on February 19, 2010, KRW 700,000 from April 20, 201 to April 30, 2010, the aggregate of KRW 500,000,000 from October 30, 201, and KRW 1,900,000 from October 30, 2010; and the Plaintiff’s first down payment and delivery of the instant real estate to the Defendant on February 30, 201 as the first down payment. The Defendant delivered the instant real estate to the Plaintiff on February 19, 201, respectively.

Around that time, the Plaintiff was prepared to operate a map within the real estate of this case.

The Plaintiff’s agreement on the change of the second down payment and the payment date of the Plaintiff did not pay the second down payment by April 20, 2010, which is the second down payment date under the instant sales contract. On May 17, 2010, the Plaintiff agreed to pay the second down payment payment by June 30, 2010, adding the damages for delay of the second down payment to KRW 100,000,000 at the time of the payment of the remainder (=the remainder amount of KRW 2,00,000,000,000,000 for delay damages of KRW 1,90,000,000,000 for delay damages of the second down payment). However, the Plaintiff agreed to pay all of the terms and conditions of the instant sales contract, excluding this, to be valid as it is.

(2) On July 1, 2010, the Plaintiff and the Defendant agreed to pay KRW 100,000,000 as of July 12, 2010, and KRW 50,000 as of July 19, 2010, respectively, by changing the payment date of the second down payment from July 7, 2010. Meanwhile, the Plaintiff and the Defendant agreed to pay KRW 2,060,000,000 in total, adding additional damages for delay to the second down payment, at the time of paying the remainder, and except for this.

arrow