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(영문) 의정부지방법원 2018.10.24 2017가합54661
매매대금
Text

1. The defendant,

A. From June 13, 2013 to 260,000 won and above 140,000 won among the above amounts to Plaintiff A, and from June 13, 2013 to 120.

Reasons

1. As to the Plaintiff’s claim, on June 12, 2013, the Plaintiff agreed to sell the purchase price of KRW 260,000,000 to the Defendant for a building of approximately 185 square meters and above ground (hereinafter “each of the instant real estate”) in Namyang-si, Namyang-si, and that the down payment of KRW 140,00,000 shall be paid at the same time as the contract is entered into, and the remainder of KRW 120,00,000 shall be paid at June 30, 2014; the fact that the Plaintiff completed the registration of ownership transfer with respect to each of the instant real estate on June 13, 2013 by the Plaintiff is not disputed, or that the Plaintiff completed the registration of ownership transfer with respect to each of the instant real estate on June 13, 2013, it may be recognized by each entry in the evidence A

According to the above facts, the defendant is obligated to pay the plaintiff A the amount of KRW 260,00,000 and the above amount of KRW 140,000,000,000, which is the day following the date of the payment of the down payment, to the remainder of KRW 120,000,000 from June 13, 2013, and to the remainder of KRW 120,000 from July 1, 2014, which is the day following the date of the payment of the remainder, to the day of the payment of the complaint of this case until August 29, 2017, the damages for delay calculated at the rate of 5% per annum as prescribed by the Civil Act, and the damages for delay calculated from the next day to the day of the full payment

(1) The Plaintiff’s damages for delay from the date on which the payment of the said money is made to the down payment and the remainder, but if the payment period is fixed, the obligor is liable for delay from the following day of the payment due date, and thus, the Plaintiff’s damages for delay exceeding the above recognition scope is rejected). 2. Determination as to the Plaintiff’s damages for delay

A. The Plaintiff B lent KRW 50,00,000 to the Defendant on June 13, 2013; and on September 25, 2013, between the Plaintiff B and the Defendant, “120,000,000 of the rent” was written between the Plaintiff B and the Defendant on September 25, 2013 and the loan certificate (Evidence A No. 9) written between the Plaintiff B and the Defendant on September 25, 2013, the agreement rate on the borrowed amount was written as “13% per month”; however, there is no dispute between the parties that the said agreement rate is “1.3% per month.”

(C).

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