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(영문) 전주지방법원 2015.06.17 2014가합5035
매매대금
Text

1. The Defendant’s KRW 42,730,451 as well as 5% per annum from August 6, 2014 to June 17, 2015 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On December 10, 2013, the Plaintiff entered into a sales contract with the Defendant (former trade name: Dae Young-gu Co., Ltd.; hereinafter “instant real estate”) on the following terms: (a) selling each real estate listed in [Attachment 1 and 2] to the Defendant for KRW 580,000,000 in the purchase price.

Sales proceeds: 580,000,000 won: 224,769,549 won shall be paid and received at the time of the contract. The balance of the Plaintiff’s signature: 109,230,451 won shall be paid on February 28, 2014.

The rental deposit shall be 246,00,000 won by succession.

Matters of special agreement

1. The lease on a deposit basis shall be succeeded;

2. The main household shall immediately pay 130,000,000 won for lease on a deposit basis.

3. The seller shall bear the monthly rent before any balance is paid; and

(C) 4. The balance including the total amount of deposit(402) is KRW 239,230,451.

B. On the other hand, on June 10, 2014, the Defendant prepared and delivered each of the following descriptions to the Plaintiff (Evidence No. 4, hereinafter “instant notes”).

For each real estate of this case, KRW 172,730,451 shall be paid to the Plaintiff as a balance in sales.

However, the provisional attachment was made because it was impossible to pay any balance, the provisional attachment was terminated because it is not a lease, the lease contract for the above amount is prepared, and the lease is smoothly carried out, and the amount shall be paid immediately when the contract is concluded.

C. The Defendant, upon the Plaintiff’s request, prepared a lease agreement (No. 5; hereinafter “instant lease agreement”) with respect to the real estate listed in paragraph (3) of the attached Table No. 3 (hereinafter “instant 402”) in order to secure the payment of the purchase and sale balance as set forth in the above separate sheet on the same day, and delivered the lease deposit amount of KRW 172,730,000, and the lease term from June 10, 2014 to December 9, 2014, to the Plaintiff. The Plaintiff obtained a fixed date on the following day.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 3 through 5, purport of the whole pleadings

2. The Parties.

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