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(영문) 서울서부지방법원 2020.12.16 2018가단209464
매매대금
Text

The defendant shall pay 85,00,000 won to the plaintiff and 5% per annum from April 4, 2018 to December 16, 2020, and December 17, 2020 to the plaintiff.

Reasons

1. Facts of recognition;

A. On August 29, 2016, the Plaintiff entered into a sales contract with the Defendant who represented by C on behalf of D on August 29, 2016 and with respect to real estate listed in the separate sheet owned by D (hereinafter “instant real estate”), with a view to: (a) KRW 50 million as to the obligation to refund the lease deposit; (b) KRW 10 million as to the remainder of KRW 120 million as of the date of the contract; and (c) KRW 10 million as of the date of the contract; and (d) KRW 25 million as to the intermediate payment on October 25, 2016; and (e) KRW 60 million as to the remainder of the lease deposit, the Plaintiff demanded the Seoul District Court to accept the remainder of KRW 260 million as to the lease deposit, which was unilaterally paid KRW 720 million to D on November 29, 2017.

B. On April 24, 2019, the above court rendered a judgment dismissing the Plaintiff’s claim on the grounds that there is no evidence to acknowledge the conclusion of the sales contract as alleged by the Plaintiff.

Therefore, although the plaintiff appealed, the appellate court dismissed the appeal on June 5, 2020 (Seoul Western District Court 2019Na34835) and the second appeal by the plaintiff, but the Supreme Court dismissed the appeal due to the rejection of hearing, which became final and conclusive on October 19, 2020.

(2020Da242379). (c)

On the other hand, the Plaintiff is part of the down payment, intermediate payment, and remainder of the above sales contract, and the Defendant is KRW 10 million on August 29, 2016, KRW 25 million on October 25, 2016, and KRW 5 million on November 2017.

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