logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2016.08.12 2015가합3491
매매대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On November 20, 2010, the Plaintiff concluded a sales contract with the Defendant to sell the buildings listed in the attached list (hereinafter “instant building”) for KRW 400 million (hereinafter “instant sales contract”).

B. On November 30, 2010, the Plaintiff completed the preservation registration of the instant building, and completed the registration of ownership transfer to the Defendant on December 20, 2010.

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

2. The parties' assertion

A. The Plaintiff’s assertion is merely that the Plaintiff paid KRW 73 million out of the sales price of KRW 400 million under the instant sales contract to the Plaintiff, and that the Defendant succeeded to the obligation to refund KRW 100 million to the lessee and paid KRW 173 million in total. As such, the Defendant is obligated to pay the remainder of the sales price to the Plaintiff KRW 227 million.

B. The Defendant asserted that, from July 10, 2009 to January 18, 2010, the Plaintiff loaned KRW 200 million to the Plaintiff at 2% per month interest (this shall be paid from February 15, 2015), and on February 15, 2010, the Defendant agreed with the Plaintiff that the said loan may be repaid in substitutes.

In addition, on December 20, 2010, the Defendant and the Plaintiff agreed to grant a loan of KRW 240,504,110 (i.e., KRW 200 million x KRW 24% x 308/365) and the principal and interest of the loan are KRW 240,50,504,110 (i.e., KRW 200 million x 24% x 308 days/365) and the sum of the purchase price that the Defendant paid to the Plaintiff exceeds KRW 70,00,000 and KRW 100,000,000,000, which are the purchase price under the instant sales contract. As such, on the same day, the Defendant’s payment to

Therefore, the Defendant paid the Plaintiff the full purchase price under the instant sales contract.

2. The issues of the instant case and the instant case.

arrow