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(영문) 서울고등법원 2016.07.22 2015나28335
매매대금등
Text

1. All appeals filed by Defendant (Counterclaim Plaintiff) C and Defendant D are dismissed.

2. Of the costs of appeal, Plaintiff (Counterclaim Defendant) A.

Reasons

1. The reasoning of the court's explanation of this case is as stated in the reasoning of the judgment of the court of the first instance, except where Defendant C added to the judgment of the key issues of this case which Defendant C had repeated at the court of first instance or newly claimed, as stated in the following Paragraph 2. Thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act

2. Additional determination

A. Summary of Defendant C’s assertion 1) Defendant C is the former buyer, F Co., Ltd. (hereinafter “F”).

(2) Upon receipt of a recommendation to purchase the instant real estate from the Plaintiff, it was anticipated that the remainder amount of KRW 1.22 million out of the remainder may be prepared through loans, etc., but it is anticipated that the remainder amount of KRW 30 million and KRW 70 million would be insufficient. Accordingly, the Plaintiff agreed to pay the remainder amount of KRW 30 million and KRW 70 million, and the Plaintiff agreed to pay the remainder amount of KRW 30 million as above at the time of conclusion of the instant sales contract, thereby Defendant C entered into the instant sales contract. However, Defendant C did not have to pay the remainder amount of KRW 30 million and the remainder amount of KRW 30 million and the remainder amount of KRW 30 million,000,000,000,000 from the Plaintiff for the payment of acquisition tax of the instant real estate on August 8, 2014.

3. According to such agreement, etc., on August 8, 2014, Defendant C prepared and delivered the instant loan certificate to the Plaintiff B to the effect that “Defendant C borrowed KRW 160 million from Plaintiff B.” However, the aforementioned KRW 160 million stated in the instant loan certificate and the remainder unpaid at the time of “the amount of KRW 70 million borrowed for the payment of acquisition tax on the instant real estate” and “the amount of KRW 90 million remaining unpaid at the time.”

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