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(영문) 수원지방법원 2016.09.02 2015가합6466
매매대금
Text

1. Defendant B and C jointly share KRW 400,000,000 to the Plaintiff and Defendant B from May 31, 2015 to March 15, 2016.

Reasons

1. Facts of recognition;

A. Defendant B and C purchased land on December 2014 and constructed and sold housing units. However, Defendant D and E agreed to carry on the business under the name of Defendant D and E, and purchased the J, Ha (hereinafter collectively collectively referred to as “instant land”) which is the F, G, and the Plaintiff’s Easters, the Plaintiff’s Easters, and I owned.

(hereinafter “instant sales contract”). B.

On January 30, 2015, the Plaintiff drafted a sales contract stating that: (a) the seller and two other parties; (b) the buyer and one other; (c) the buyer and one other; (d) the intermediate payment of KRW 750,000,000; and (c) the intermediate payment of KRW 750,000,000 on January 27, 2015; and (d) the remainder of KRW 400,000,000 on May 30, 2015; and (c) the Plaintiff signed and sealed Defendant B and C on May 30, 2015 to pay interest on the remainder of payment; and (d) the buyer’s signature and seal thereon.

C. On January 26, 2015, the Plaintiff had completed the registration of ownership transfer in Defendant D or E’s name with respect to the instant land. The Plaintiff paid KRW 750,000 as part payment with the collateral security loan established immediately after the registration of ownership transfer, but did not receive any remainder of KRW 400,000,000.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination as to claims against Defendant B and C

A. In regard to the Plaintiff’s assertion that Defendant B and C are liable to pay the remainder to the Plaintiff as the purchaser of the instant sales contract, Defendant B and C did not appear on the date of pleading even after they were duly summoned not by service by public notice, and they do not clearly dispute the Defendants’ obligation to perform. Therefore, they are deemed to have led to confession.

B. Therefore, Defendant B and C jointly delivered to the Plaintiff the copy of the instant complaint from May 31, 2015, the following day following the remainder 400,000,000 under the instant sales contract, and the remainder payment date, respectively, until March 15, 2016; Defendant C shall be 12% per annum under the agreement until December 14, 2015; and

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