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(영문) 부산지방법원 2018.08.09 2017가단33380
손해배상
Text

1. The Defendant C’s KRW 30,000,000 and the Plaintiff’s annual rate of KRW 5% from December 15, 2017 to August 9, 2018, as follows.

Reasons

1. Basic facts

A. On January 13, 2017, the Plaintiff’s sales price of KRW 170,000,000 on the sales contract entered into with Defendant C, and the actual sales price of KRW 2,995,00,00,000 on the part of the Plaintiff, which was owned by the Plaintiff, is KRW 200,000,000 on the part of the Plaintiff.

The real estate sales contract to sell was concluded.

B. On January 2017, Defendant C obtained a loan of KRW 180,000,000 from the Port Agricultural Cooperative on the instant land as security, and repaid the Plaintiff’s collateral loan of KRW 120,000 to the Agricultural Cooperative in the interest of the Plaintiff, thereby cancelling the said collateral and paying the Plaintiff the remainder of KRW 30,000,000 as the instant land price.

[Ground of recognition] Unsatisfy, Gap evidence 1 and 2

2. The evidence submitted by the Plaintiff regarding the claim against Defendant B alone is insufficient to deem that the Plaintiff and Defendant B entered into a sales contract for the instant land.

(B) The judgment on the claim against Defendant C on the following grounds: (a) even if the Plaintiff received a loan from the port agricultural cooperative in the name of the Defendant B; (b)

A. The Plaintiff’s assertion (1) that the amount equivalent to KRW 30 million was not paid to the Plaintiff out of the security loans received from the Posting Agricultural Cooperative from the Posting Agricultural Cooperative.

(2) Defendant C did not pay any balance under the above sales contract.

The plaintiff cancels the above sales contract by serving the complaint of this case.

Accordingly, the plaintiff seeks penalty of 20 million won against the defendant C.

B. Defendant C’s assertion (1) There is no dispute over the fact that the amount of KRW 30 million has not yet been paid to the Plaintiff and that Defendant C owes the duty to return it to the Plaintiff, out of the security loans received from the Korea Agricultural Cooperative.

(2) However, since the above sales contract was cancelled by mutual agreement, there is no part that Defendant C is responsible for the plaintiff above 30 million won.

B. Determination of the above sales contract is made by Defendant C.

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