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(영문) 인천지방법원 2017.02.14 2016가합57334
정산금반환
Text

1. The Defendants jointly and severally against the Plaintiff KRW 300,000,000 and the Defendant B from April 29, 2012.

Reasons

1. Indication of claim;

A. On December 10, 2007, the Plaintiff entered into a land sale contract (sale contract) with the Defendants on the land of 663 square meters in Incheon-gun, Incheon-gun, and paid KRW 125 million with the sale price.

B. On May 5, 2008, the Plaintiff entered into a modified contract with the Defendants on the part of May 5, 2008, changing the contents of the water subject to sale from the above land to Incheon Strengthening-gun E. The Plaintiff already paid KRW 125 million as the down payment of the modified contract. Since then, the Plaintiff paid KRW 50 million as the parcelling-out payment to the Defendants.

C. However, the Defendants renounced the construction under the land sale contract, and agreed to return the purchase price of KRW 175 million paid to the Plaintiff, but failed to perform it on several occasions.

On March 16, 2012, the Plaintiff and the Defendants agreed to pay KRW 300 million to the Plaintiff by April 28, 2012.

E. Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 30 million and its payment period from April 29, 2012 to October 13, 2016, the delivery date of a copy of the instant complaint to Defendant C; 5% per annum as stipulated under each Civil Act until December 4, 2016, the delivery date of a copy of the instant complaint to Defendant C; and 15% per annum as stipulated under each Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.

2. Judgment without any applicable provisions of Acts (Articles 208 (3) 1 and 257 of the Civil Procedure Act);

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