logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 제주지방법원 2020.06.11 2019가단62583
매매대금반환
Text

1. The Defendants jointly and severally liable to the Plaintiff for KRW 480,265,00 and KRW 100 million from April 26, 2019, and KRW 100 million from April 15, 200.

Reasons

In full view of the facts without dispute and the purport of Gap evidence Nos. 135 and the whole arguments, Eul concluded a sales contract with the plaintiff selling price of KRW 827,50,00 for the other canal wells in Jeju Special Self-Governing Province (hereinafter referred to as "the instant canal wells"), and the plaintiff and Eul paid KRW 548,265,00 for the sale price, but due to defects, etc., the plaintiff and Eul agreed to cancel the sales contract for the other canal wells in the first time on September 14, 2018 and return KRW 548,265,00 and directors' expenses paid by the plaintiff up to December 14, 2018 (the plaintiff and Eul did not pay KRW 68,500,000 and KRW 480,500,000 for the remainder of KRW 15,500,000 for each of their spouse's co-sureties's 2,500,005.15).

As to the Plaintiff’s claim for the refund of the purchase price, Defendant C asserted to the effect that the Plaintiff prepared each letter (Evidence A5) by coercion or intimidation to the Defendant by coercion, taking advantage of his position, and that the intent to jointly and severally guarantee is revoked. However, it is insufficient to recognize the assertion solely on the evidence No. 1.

Therefore, Defendants are jointly and severally liable to the Plaintiff for KRW 480,265,00 and KRW 100 million from April 26, 2019, which is the day following each due date for payment, to KRW 150,000,000 from May 6, 2019, to KRW 230,265,00 from June 21, 2019, to KRW 230,265,00 from June 21, 2019, to Defendant B as the delivery date of the copy of the instant complaint, until September 20, 2019, to Defendant C, and KRW 5% per annum as stipulated in each Civil Act from June 18, 2019, to the day of full payment.

arrow