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(영문) 전주지방법원 2020.04.22 2019가단15986
매매대금
Text

1. The Defendants jointly share KRW 120,000,000 with respect to the Plaintiff and 5% per annum from April 1, 2019 to June 28, 2019.

Reasons

1. Basic facts

A. The Plaintiff is a person who installed a stable, manager, warehouse, etc. listed in the attached list Nos. 10 through 12 on the land listed in the attached list No. 1 through 9 and operated a riding club.

B. On March 30, 2018, the Plaintiff and the Defendants concluded a sales contract (hereinafter “instant sales contract”) with the Defendants to sell all the instant horse riding site and its ground stable, manager, and warehouse (hereinafter “instant real estate”) for KRW 1.5 billion (hereinafter “instant real estate sales contract”). By April 2018, the remainder of the sales contract, excluding the remaining amount of KRW 120 million, was settled.

C. On April 10, 2018, Defendant C prepared and delivered a written statement of performance (Evidence A 2) stating that “The payment shall be made in any case not later than March 30, 2019,” to the Plaintiff.

On April 11, 2018, the Plaintiff completed the registration of ownership transfer with respect to the instant real estate to the Defendants prior to the settlement of the remainder, and the Defendants received the instant real estate delivery around that time.

E. On March 30, 2019, the date of the remaining agreement, the Plaintiff urged Defendant C to pay the balance, and Defendant C sent a text message stating that “The fact that the Plaintiff attempted to sell the horse riding track and arrange the fund,” which is not good, was sent to the Plaintiff on March 31, 2019.

[Ground for Recognition: Facts without dispute, Gap evidence 1, 2, Gap evidence 3-1 through 12, Gap evidence 8, the purport of whole pleadings]

2. Determination

A. According to the above facts of recognition as to the cause of the claim, the Defendants jointly have the obligation to pay jointly to the Plaintiff the remaining purchase and sale amount of KRW 120 million and the damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from April 1, 2019 to June 28, 2019, the delivery date of the complaint filed by the Plaintiff, and 12% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.

B. Determination as to the Defendants’ assertion 1.

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