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(영문) 서울중앙지방법원 2017.12.14 2017가합11938
매매대금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 286,571,483 and KRW 275,00,000 among them, from July 31, 2012 to December 2017.

Reasons

1. Basic facts

A. On August 31, 2010, the Plaintiff (around 2010, the name of the Plaintiff was “Edemy,” and the Plaintiff’s “Plaintiff” did not distinguish before and after the change of the name; (b) concluded a land sales contract (hereinafter “the instant purchase contract”) with Defendant D’s son to sell the Plaintiff’s land of KRW 508 square meters and H large 204 square meters (hereinafter “instant land”), collectively, for KRW 3.2 billion, the purchase price of which is KRW 5 million from F on the date of the contract, and KRW 5 million from F on September 7, 2010, the remainder amount of KRW 3.15 billion is to be paid on September 17, 2010 (hereinafter “instant contract”).

B. On October 5, 2010, the Plaintiff and F prepared an additional agreement on the instant sales contract with the following terms, and the Defendants signed and sealed them as joint and several sureties.

(hereinafter referred to as the “instant Additional Agreement”). 1. This Agreement constitutes part of the land sales contract, and the content of this Agreement takes effect in preference to the land sales contract.

2. (i) The total amount of the purchase price shall be KRW 3.2 billion;

The balance that the buyer (F) will pay to the seller (Plaintiff) shall be KRW 260 million, the down payment of KRW 260 million, and the balance that the buyer will pay shall be KRW 1 billion,000,000,000,000,000,000.

Article 22(1) of the Act provides that the payment of the purchase price shall be made on October 5, 2010, and the remaining KRW 100 million shall be made on October 20, 201, and the remaining KRW 100 million shall be made on October 25, 2010, plus KRW 100 million until March 16, 201, which is within six months from September 17, 201, plus KRW 500 million.

Applicant The down payment shall be KRW 260,000,000,000 on August 31, 2010, and KRW 20,000 on September 8, 2010, respectively, received respectively. The remainder of KRW 200,000 on October 5, 2010, KRW 35 million on October 5, 201, respectively.

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