(영문) 서울서부지방법원 2015.07.15 2014가단40216

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(영문) 서울서부지방법원 2015.07.15 2014가단40216

매매대금

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1. The plaintiff's claim is dismissed.

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

Reasons

1. On June 19, 2013, the Plaintiff concluded a sales contract with the Defendant to sell the land and the land and the building (hereinafter “instant real estate”) at KRW 400 million, with the purchase price fixed, on the condition that the instant sales contract was paid, and the special terms and conditions were entered into.

In relation to the payment of the purchase price, the Defendant: (a) succeeded to the collateral security obligation on the instant real estate; (b) deducted the amount of KRW 100 million from the purchase price; and (c) paid the remainder of KRW 300 million on the date of the contract the contract amount of KRW 60 million; and (c) paid the remainder of KRW 240 million on July 5, 2013.

Furthermore, as a special agreement, “40 million won from the sale price shall be deposited into the seller’s bank account by August 5, 2013. It shall be deducted from the balance.”

(hereinafter “this case’s special agreement”). 2. The parties’ assertion

A. The Plaintiff’s assertion is merely that the Defendant’s terms and conditions of the instant special agreement provide that D will concurrently take over the Defendant’s obligation of KRW 40,000,000,000, and thus, the Defendant is still obligated to pay the remainder to the Plaintiff

B. The Defendant’s assertion that the terms of the instant special agreement are set forth as D, not the Defendant, as the obligor regarding the remaining amount of KRW 40 million, and even if the special agreement is deemed as an assumption of obligation, it is agreed that D will discharge the obligation from the obligation of KRW 40 million. Thus, the Defendant is no longer liable to pay the remaining amount to the Plaintiff.

3. Where a contractual content is written in writing between the parties to the determination on the existence of the Defendant’s 40 million won obligation, which is a disposal document, if the objective meaning of the text is clear, barring any special circumstance, the existence and content of the declaration of intent should be recognized as well. However, if the objective meaning of the text is not clearly expressed, regardless of the party’s intent within the scope of deliberation.

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