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1. The Defendant’s KRW 65,00,000 as well as the Plaintiff’s annual rate of KRW 5% from November 26, 2015 to January 26, 2017.
Reasons
1. On June 24, 2014, the Plaintiff entered into a sales contract with the Defendant for the purchase price of KRW 670,000,000 (hereinafter “instant sales contract”) with respect to the purchase price of KRW 50,000,00 among the intermediate payments, KRW 515,000,000 on the date of the contract, and the intermediate payments of KRW 10,000,000 on June 26, 2014; KRW 10,00,000 on the intermediate payments, KRW 10,00,000 on August 27, 2014; and KRW 95,00,000 on the remainder, KRW 10,00 on the remainder,95,00 on the remainder,00 on each of the lease deposits concluded on November 25, 205; and agreed to deduct the remainder from the lease deposit.
[Ground of recognition] Facts without dispute, Gap evidence No. 1, Gap evidence No. 2, purport of the whole pleadings
2. Determination on the cause of the claim
A. According to the above facts, the Defendant, a purchaser of the instant real estate, is obligated to pay the remainder of KRW 65,000,000,000 (670,000- contract deposit - contract deposit 50,000,000- mid-term deposit 10,000,000, mid-term deposit 30,000,000 (hereinafter “the remainder of this case”) of the instant real estate remaining after deducting the down payment and intermediate payment that the Plaintiff had received from the seller at KRW 670,00,00, barring any special circumstances.
B. Meanwhile, on June 25, 2014, the Plaintiff claimed for the payment of damages for delay incurred from June 26, 2014 for the remainder, on the grounds that the Plaintiff completed the registration of ownership transfer under the name of the Defendant for the instant real estate on June 25, 2014. Thus, according to the facts recognized earlier, it is reasonable to view that the payment date of the remainder of this case was on November 25, 2015, and thus, the damages for delay incurred from the remainder of this case on November 26, 2015.
Therefore, the Plaintiff’s assertion on this part is without merit, seeking the payment of damages for delay incurred from June 26, 2014 to November 25, 2015 for the remainder of this case.
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