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(영문) 부산지방법원 동부지원 2018.01.16 2017가단205785

손해배상(기)

Text

1. The Defendant’s KRW 2,090,680 as well as 5% per annum from June 1, 2017 to January 16, 2018 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is an executor who newly constructed and sold a Busan Southern-gu Ctel.

B. On May 14, 2015 and May 18, 2015, the Plaintiff entered into a supply contract with D, with the terms of selling Nos. 1302, 1402, and 1616 among Ctels, and on July 2, 2015, the Plaintiff entered into a supply contract with E to sell Nos. 1811 (hereinafter referred to as “each of the instant officetels” in total, and collectively referred to as “each of the instant supply contracts” in total, with respect to each of the instant officetels, and the parts related to the instant case are as follows.

(A) The supply agreement of this case concerns 1302, 1402, and 1616, and 1811 is the same as that of the supply price of Article 1(1). The seller, the buyer, and the buyer, the buyer, and the buyer, shall be “A”, and the agency, the office, and the office, trust, and the Korea Trust Business Co., Ltd. shall be “A”.

Article 1 (Supply Price and Payment Method) (1) B shall pay the following amount to A:

Provided, That in accordance with the business agreement between A and a financial institution, the intermediate payments may be loaned to B according to the credit assessment of the financial institution, and in this case, the intermediate payments (one-six times) shall be loaned within the limit of 55% of the supplied amount by the deadline, and after the expiration date of the occupancy, the terms and conditions of the loan with the

[1302, 1402, 1616] [181] Article 2 (Cancellation of Contracts) (1) A may rescind this contract in cases where he/she has committed any of the following acts:

2. When the balance has not been paid within two months from the expiration date of occupancy, and a grace period of at least 14 days has not been set and notified two times or more but has not been paid.

(5) Where this contract is terminated or terminated, and loans have been extended from financial institutions pursuant to Article 13, B.