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(영문) 수원지방법원 2021.01.27 2019가단569739
기타(금전)
Text

The defendants are jointly and severally liable to the plaintiff 170,000,000 won and 12% per annum from March 5, 2020 to the date of complete payment.

Reasons

1. Around August 2008, the Plaintiff purchased D, E, and F forest from the Defendant Jin-gun, Chungcheongnam-gun, Chungcheongnam-do. According to the above sales contract, the Plaintiff paid the Defendants a down payment of KRW 150 million in total and KRW 250 million in intermediate payments of KRW 100 million (the down payment to Defendant C on August 12, 2008, and the intermediate payment to Defendant B on September 30, 2009). Since then, the above sales contract was cancelled on the grounds attributable to the Defendants.

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff the remainder of KRW 170 million, excluding KRW 80 million (in November 19, 2009, KRW 60 million and KRW 20 million on December 24, 2009) that the Defendants returned to the Plaintiff, jointly and severally, from the total sum of KRW 250,000,000,000,000 to the Plaintiff following the rescission of the contract.

2. Judgment by publication service (Article 208 (3) 3 of the Civil Procedure Act).

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