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(영문) 대구지방법원 2017.10.13 2016가단32374
점유인도
Text

1. The Defendant’s KRW 5,00,000 as well as the Plaintiff’s annual rate of KRW 5% from January 1, 2016 to October 13, 2017.

Reasons

1. Facts of recognition;

A. On May 1, 2015, between the Plaintiff and the Defendant, the sales contract was finally concluded with respect to the Drastocs in Daegu Suwon-gu C (hereinafter “instant Lestocs”).

0. Sales price: The payment method, etc. of KRW 320 million: KRW 185 million out of the sales price shall be paid to E who is the Plaintiff’s partner; the remainder KRW 135 million shall be paid to the Plaintiff; the down payment shall be paid up to December 31, 2015; the unpaid amount shall be paid up to December 31, 2015; and the interest shall be paid up to 2% per month on the unpaid amount until the remainder is fully paid; however, the sales price to be paid to the Plaintiff shall be determined at KRW 97,749,700, which shall be finally paid to the Plaintiff, reflecting the amount already paid.

B. After that, on August 29, 2016, the Plaintiff sent to the Defendant a certificate of content that the said sales contract was rescinded, as the Plaintiff did not receive KRW 55 million out of the above KRW 97,749,700, which was paid by the Defendant.

C. The defendant currently disposes of the Lestop of this case.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. According to the above findings of determination, the above sales contract was rescinded by the Plaintiff’s declaration of intent on the ground that the Defendant did not pay the purchase price.

Therefore, the defendant bears the duty of restoration and the duty of compensation.

However, since the defendant disposed of the Lestop of this case, the plaintiff eventually suffered damages equivalent to the amount of KRW 55 million unpaid out of the above sales amount (the agreed part of the pension shall not be deemed as losses).

Therefore, the Defendant is obligated to pay to the Plaintiff 5 million won and damages for delay calculated at the rate of 5% per annum under the Civil Act from January 1, 2016 to October 13, 2017, which is the date of the instant judgment, and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

As to this, the defendant shall make the above purchase price.

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