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(영문) 대전지방법원 2014.10.30 2013가합105278
손해배상(기)
Text

1. The Defendant (Counterclaim Defendant) shall attach the attached Form to the Plaintiff (Counterclaim Defendant)

2. To deliver each real estate entered in the real estate list; and

2...

Reasons

A. The Plaintiff shall pay KRW 50 million to the Defendant, if the Plaintiff renounces all the rights held and orders the real estate listed in [Attachment 2] List that the Defendant currently occupies.

2. However, from among the 50 million won that the plaintiff shall pay to the defendant, the defendant shall pay after deducting the following expenses in arrears with respect to the real estate stated in the attached list:

Attached Form

9,341,450 won (4,670,725 won x 2 months) for interest on real estate loans listed in the Schedule 2

(b) Electricity rates of 5,316,830 won from November 2, 2013 to February 2, 2014 (50 kilograms: 1,912,190 won: 3,404,640 won);

(c) Loaned KRW 3,000,000;

D. In the settlement of accounts as of February 25, 2014, the Plaintiff shall deposit money after deducting an additional amount of public charges, if any.

3. By February 28, 2014, the Defendant shall close the business registration of FF in the real estate listed in attached Form 1, and immediately transfer the business registration of Lcafeteria in the real estate listed in attached Form 2 from the real estate listed in attached Form 2.

*Special Agreement: 15 million won shall be deposited into the Defendant account on February 19, 2014.

If the down payment is not deposited, this agreement shall be null and void.

2) The Plaintiff remitted the Defendant’s account KRW 15 million on February 19, 2014, and KRW 10 million on February 25, 2014, respectively, to the Defendant’s account. [Grounds for recognition] The Plaintiff did not dispute, as well as the evidence Nos. 1 through 6 (including the number of branches, 12, and 15), the witness M’s testimony, part of witness E’s testimony, and the purport of the entire pleadings.

2. Judgment on the plaintiff's main claim

A. Although the Plaintiff 1, as alleged by the parties, placed the relevant documents in the certified judicial scrivener office to perform the obligation to perform the registration procedure for transfer of ownership to the real estate of this case, the Defendant delayed payment of the difference in exchange as stipulated in the exchange contract of this case, and the Plaintiff, upon delivery of the copy of the complaint of this case, declared that the contract of this case will be cancelled

However, the defendant's payment deadline for the difference in exchange.

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