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(영문) 서울남부지방법원 2018.02.13 2017가단13179
매매대금
Text

1. Defendant B Co., Ltd.: (a) KRW 79,000,000 for the Plaintiff and the same year from May 2, 2017 for the Plaintiff.

7.2. per annum for the 22.

Reasons

1. Facts of recognition;

A. The Plaintiff newly built and sold E-Ba (6th, 10 households) on land in Gangseo-gu Seoul Metropolitan Government.

B. On December 20, 2016, the Plaintiff sold the purchase price of EF at KRW 165,000,000 to Defendant B Co., Ltd. (hereinafter “Defendant Company”). On February 20, 2017, the Plaintiff determined and sold each purchase price of EF G, H, I, and J at KRW 160,00,00.

(However, each sales contract for the above five bonds is written as if the sales contract was concluded on March 10, 2016; hereinafter the same shall apply).

C. Before the outstanding payment date, the Plaintiff and the Defendant Company agreed to pay the purchase price to the Plaintiff, and the Defendant Company established laundry and air conditioners, immediately after the payment of the deposit is made. The Plaintiff and the Defendant Company agreed to set up the Defendant Company with the responsibility of the Plaintiff and the Defendant Company to pay the deposit to the third party at least KRW 160,000,000 with the Defendant Company as lessor.

On February 8, 2017, the Plaintiff had completed the registration of ownership transfer with respect to Defendant Company I.

E. Even if Defendant C’s bank account, a representative director, received the full amount of the deposit on several occasions until April 28, 2017, by setting up the deposit amount of KRW 160,000,000 from the Plaintiff’s intermediation around February 19, 2017, the Defendant Company paid the Plaintiff KRW 81,000,000 out of the amount received, and did not pay the remainder of KRW 79,00,000 to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Gap evidence No. 9, Eul evidence Nos. 1 and 2 (including serial numbers), Eul witness's partial testimony, and the purport of the whole pleadings

2. According to the facts stated in paragraph (1) of the claim against the Defendant Company, the Defendant Company: (a) paid KRW 79,000,000 to the Plaintiff, barring special circumstances; and (b) the same year from May 2, 2017 (the date the Plaintiff seeks as a result of payment).

7.22. This.

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