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(영문) 수원지방법원성남지원 2020.12.16 2020가단229542
매매대금
Text

1. The Defendant’s KRW 45,123,925 against the Plaintiff and 6% per annum from January 16, 2018 to October 16, 2020.

Reasons

1. On September 1, 2013, the Plaintiff agreed to sell the movable property owned by the Plaintiff to the Defendant in USD 42,350.

According to a special agreement, the Defendant decided to make an investment in kind at the time of the establishment of a joint venture corporation by December 31, 2017, and paid the amount to the Plaintiff in U.S. dollars by January 15, 2018 at the time of non-establishment.

However, by January 15, 2018, the Defendant did not pay the Plaintiff the USD 42,350 until January 15, 2018.

The purchase price USD 42,350 is KRW 45,123,925 when converting the base rate for sale and purchase (1,065.50) as of January 15, 2018 into domestic currency. As such, the Plaintiff claims to the Defendant 45,123,925 won and the amount calculated annually from January 16, 2018 to the delivery date of a copy of the instant complaint, 6% per annum from the next day to the day of complete payment, and 12% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of complete payment.

2. Article 208 (3) 1 of the Civil Procedure Act:

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