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(영문) 제주지방법원 2019.01.17 2017가합13294
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Defendant and C’s sales contract 1) On May 18, 2016, the Defendant Co., Ltd. (hereinafter “C”).

2) The land in the above 4 parcels is “instant land” to the e, F, G, and H (hereinafter the above 4 parcels of land) and the son’s representative director D

b) sell 2,993,298,000 won (including an agreed amount for tree compensation and expenses for relocation of a grave, 150 million won);

(2) On December 31, 2016, the first down payment amounting to KRW 200 million, the second down payment amounting to KRW 2,693,298,000 was agreed to be paid respectively on August 31, 2017, respectively, within one month after the contract was entered into. (2) and C and D drafted a “land sales contract waiver” with the content that “to waive all rights, etc. against the instant land sales contract on the condition that the Defendant would receive KRW 250 million from the Plaintiff until January 20, 2017, and KRW 350,000,000 from the Defendant on the condition that “to waive all rights, etc. against the instant land sales contract”.

3) On December 31, 2016, the Plaintiff transferred KRW 200 million in total to D, and KRW 150 million in total to KRW 150 million on January 19, 2017, and KRW 200 million on January 18, 2017, and ② the Defendant wired KRW 100 million on December 31, 2016. (B) The Plaintiff and the Defendant purchased the instant land in KRW 2.85 billion from the Defendant on December 31, 2016, and KRW 10 million in the first down payment, KRW 185 million in the second down payment, KRW 2.5 billion in the second down payment, and KRW 2.5 million in the second down payment, respectively, on January 20, 2017.

2) On the same day, the Plaintiff purchased all trees and superficies on the instant land from the Defendant at KRW 150 million, and the said purchase price was to be paid together with the balance on the instant land on August 31, 2017. 3) The Plaintiff, as to the instant land sales contract, remitted KRW 100 million to the Defendant, ① KRW 100 million on December 31, 2016, KRW 185 million on January 8, 2017, and ② KRW 15 million on the trees and superficies sales contract on the instant land, respectively.

4. On September 18, 2017, the Plaintiff concluded a sales contract, including superficies on the instant land, to the Defendant on the condition that “the Defendant shall be paid KRW 200 million by November 30, 2017.”

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