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(영문) 부산지방법원 2018.01.18 2016가합4375
매매대금
Text

1. The Defendant shall pay to the Plaintiff KRW 295,866,295 and the interest rate of KRW 15% per annum from November 5, 2016 to the date of full payment.

Reasons

Basic Facts

On June 13, 2016, the Plaintiff entered into a sales contract with the Defendant for the Ulsan-gun C land and its ground Diveel owned by the Plaintiff (hereinafter “the instant franchise”). The Plaintiff concluded a sales contract for the instant franchise with the amount of KRW 2.4 billion (hereinafter “the instant franchise sales contract”). The instant franchise sales contract concluded a special agreement with the Defendant stating that “The down payment of KRW 100 million shall be paid on the contractual date, and the intermediate payment of KRW 400 million shall be appropriated from the balance of the E commercial buildings owned by the Defendant and to cancel the total amount of the Busan-dong Agricultural Cooperative collateral Security at the end of the remainder of the contract, and the remainder of KRW 1.9 billion shall be paid on June 29, 2016.”

On June 13, 2016, the Defendant concluded a sales contract between the Plaintiff and the Plaintiff for the sale of F land and the commercial building on its land (hereinafter “instant commercial building”) with respect to KRW 1150 million (hereinafter “the instant commercial building”) and the sales contract for the instant commercial building, and determined that KRW 100 million was paid on the date of the contract and the intermediate payment of KRW 650 million was paid on the date of the contract and the intermediate payment of KRW 650 million was accepted by the Plaintiff and the remainder of KRW 400 million was offset against the intermediate payment of the instant commercial building.

The plaintiff and the defendant shall trade or exchange their respective buildings.

The Defendant submitted a written contract with the actual trading amount of KRW 1.3 billion due to a shortage in the balance of the expenses for registration of ownership transfer among the data requirements for submitting the balance of the data required to submit the balance agreement, which is an institution implementing the balance loan of the instant telecom, but becomes null and void after the decision to execute the loan agreement.

Expenses incurred in the transfer of the ownership of the franchise of this case to be assumed by the Defendant are to be paid immediately after the Plaintiff first received a loan from the first water cooperative and then the second financial institution, which is the wellcom Savings Bank, to receive additional loans.

The Defendant’s personal debt 9.0 of G in the instant commercial building.

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