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(영문) 인천지방법원 2017.06.20 2016가합59194

손해배상(기)

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1. The Plaintiff (Counterclaim Defendant) is jointly and severally liable to the Defendant (Counterclaim Plaintiff) Co., Ltd. for KRW 150,000,000 and its amount.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. Defendant D Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is the owner of F and twenty-five parcels (hereinafter “instant land”) at door-si, and is the operator of the development project of G general industrial complex (hereinafter “instant industrial complex”).

B. On June 24, 2016, Defendant Company sold the Plaintiffs and the instant land to the Plaintiffs in KRW 12.5 billion, and on June 24, 2016, KRW 200 million;

8. On November 23, 2016, the Defendant E concluded a sales contract to receive KRW 12.1 billion (hereinafter “the instant initial land contract”) with the payment of the down payment of KRW 200 million as well as the payment of the remainder of KRW 12.1 billion. The Defendant E performed the instant initial land contract as the actual operator of the Defendant Company.

C. On the same day, Defendant Company entered into a sales contract with the Plaintiffs, along with the initial land contract in this case, to sell stone on the instant land at KRW 55,00 per truck (including value-added tax). D.

On June 24, 2016, the Plaintiffs paid KRW 190 million to the Defendant Company. On June 14, 2016, the Plaintiffs paid KRW 200 million to the Defendant Company, including KRW 10 million paid in advance, around June 14, 2016.

E. On July 12, 2016, Defendant Company and the Plaintiffs: (a) KRW 100 million increased the down payment of the instant initial land contract; and (b) KRW 500 million on June 24, 2016; and (c) the same year.

8.10.20 million won, and the same year.

8. On November 30, 2016, the first land contract of this case was amended (hereinafter “instant land contract”) to pay the remainder of KRW 12 billion. In addition to the following special terms: (a) the agreement signed at the time was included in attached Table 2; and (b) the building stones sales contract written on July 12, 2016 was attached as follows as special terms and conditions attached thereto:

The above building stones sales contract is "the building stones contract of this case" and the building stones accordingly.