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(영문) 서울남부지방법원 2016.08.25 2015가단45653
매매대금
Text

1. The Plaintiff:

(a) Defendant B and D jointly KRW 25 million;

B. Defendant C and D jointly share KRW 25 million and each of them.

Reasons

1. Facts of recognition;

A. On May 23, 2012, the Plaintiff sold to Defendant B and C a sale (hereinafter referred to as “the instant sales contract”) the purchase price of KRW 415,00,000 for KRW 450,000 for KRW 450,00,00 for KRW 315,00 for the sales contract (Evidence A 2), but according to the Defendants’ reply on January 27, 2016, Plaintiff’s purport of claim and cause of claim as of February 29, 2016, the purchase price shall be deemed as KRW 450,00 for the final KRW 450,00,00 for the sales contract, different from the entry in the sales contract, and the date of payment for the purchase price was determined as May 23, 2012.

B. Defendant B and C paid KRW 280 million out of the purchase price on May 23, 2012, and paid KRW 120 million on February 4, 2013.

C. After purchasing the instant land, Defendant B and C intended to operate a business of constructing and commercializing multi-family housing. Defendant D led the project, such as construction.

However, as above, when Defendant B and C failed to properly perform the obligation to pay the purchase price under the instant sales contract, Defendant D prepared and issued to the Plaintiff on February 4, 2013 a certificate of borrowing (Evidence A 3-1), March 30, 2013 (a letter of borrowing written by February 4, 2013, repayment of the details of the certificate of borrowing written as of May 30, 2013), and “65 million won (a total of loans worth KRW 50 million and loans worth KRW 15 million, separate from the loans worth KRW 50 million).

[Ground of recognition] Facts without dispute, Gap evidence 1-1 to 3-3, Eul evidence 1-4 and the purport of whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion, Defendant B, and C are obligated to pay each of 25 million won to the Plaintiff with the purchase and sale balance, and Defendant D is obligated to pay each of 25 million won to the Plaintiff.

As Defendant B and C’s joint and several liability for payment of the purchase price by preparing and delivering a loan certificate as stated in paragraph (1), Defendant B and D joint and several liability for the payment of the purchase price, Defendant C and D joint and several liability for the amount of KRW 25 million, Defendant C and D joint and several liability for the said amount.

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