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(영문) 수원지방법원성남지원 2015.06.19 2014가합6363
정산금
Text

1. Defendant B shall pay 60,000,000 won to the Plaintiff and 20% per annum from August 26, 2014 to the day of full payment.

Reasons

1. Basic facts

A. The Plaintiff and Defendant B owned 1/2 shares of each of 488 square meters (hereinafter “instant land”) prior to Seongdong-gu, Sungnam-gu, Sungnam-gu.

B. On March 21, 2007, the Plaintiff and Defendant B granted the Plaintiff’s right of representation regarding the sale and purchase of the instant land to the Plaintiff’s husband E. On the same day, the purchase price of the instant land was KRW 80 million between the Plaintiff, Defendant B, F, and G (hereinafter “F, etc.”) and the down payment of KRW 100 million on the date of the contract; the first intermediate payment of KRW 250 million on the date of the contract; the second intermediate payment of KRW 450 million until April 30, 2007; the second intermediate payment of KRW 450 million until May 21, 2007; the remainder; KRW 80 million on the exchange with the documents for change of name within 10 days from the date of completion of land transaction permission; and the sales contract was concluded with the account in the name of the Defendant C (hereinafter “Defendant C”) under the name of the husband of the instant land (hereinafter “instant account”).

C. F, etc. paid the remainder of KRW 800 million, excluding the remainder of KRW 80 million, out of the purchase price of the instant land, as indicated below.

On March 20, 2007, the payment method of KRW 100 million on the payment date, KRW 70 million, KRW 30 million, which was transferred to the instant account under the name of the Defendant C on March 21, 2007, KRW 250 million on March 21, 2007, KRW 450 million on the second intermediate payment of KRW 450 million on April 30, 2007.

On April 30, 2007, KRW 220 million was transferred from the instant account under Defendant C’s name to the account under the name of Company I (hereinafter “I”) for which E had been the representative director. On July 10, 2007, KRW 20 million was transferred from the instant account under Defendant C’s name to the account under the name of I, and KRW 100 million was transferred from July 10, 2007 to the account under the name of E.

[Ground of recognition] Unsatisfy, Gap's 1, 2, 4, 5 evidence, Eul's 1 to 4, and 6 evidence, Eul's 1 to 4, and each order to submit financial transaction information to the new bank of this court, the result of each order to submit financial transaction information to the new bank of this court, the purport of the whole pleadings

2. Determination:

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