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(영문) 서울남부지방법원 2016.09.02 2016나2203
매매대금등
Text

1. The judgment of the first instance court, including the Plaintiff’s claim expanded at the trial room, shall be modified as follows:

Reasons

1. Facts of recognition;

A. On October 16, 2013, the Plaintiff concluded a sales contract (hereinafter “instant sales contract”) with Defendant B Co., Ltd. (hereinafter “Defendant Company”) to sell KRW 90,000,000,000 to the Plaintiff, and to sell KRW 102 of the underground floor No. 102 (hereinafter “instant building No. 1”) on two parcels, other than Jeon-gun, Jeonju-gun, the Plaintiff owned by the Plaintiff (hereinafter “Defendant Co., Ltd.”); and to sell the instant building No. 4502 (hereinafter “instant No. 2”).

B. At the time of the conclusion of the instant sales contract, the Defendant Company agreed to pay the remainder of KRW 20 million within seven days after the registration of ownership transfer, and the remainder of KRW 70 million on March 30, 2014. Defendant C guaranteed the Defendant Company’s obligation under the instant sales contract on the same day.

C. As to the instant building No. 2 on December 26, 2013, the Plaintiff completed the registration of ownership transfer in the name of H, a director of each Defendant company, on January 20, 2014, with respect to the instant building No. 1, but the Defendant Company did not pay the purchase price by the date of the said agreement.

On the other hand, on April 2, 2014, H and the auditor G of the Defendant Company promised to pay the instant purchase price to the Plaintiff by June 30, 2014, and to pay the interest for delay plus 3% of the monthly interest after March 30, 2014 (hereinafter “instant performance note”).

[Ground of recognition] No dispute, Gap evidence Nos. 1 through 3, Gap evidence No. 9-1 and 2, the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above facts of recognition, barring any special circumstance, the Defendants jointly do so to the Plaintiff with KRW 90,000,000, and each of them, as requested by the Plaintiff, the Defendant Company shall pay damages for delay at 36% per annum from March 31, 2014 to the date of full payment, which is the day following the payment date of the remainder, and Defendant C, from March 31, 2014, from March 31, 2014, which is the day following the above payment date of the remainder, to resist the existence and scope of the obligation of the said Defendant.

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