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(영문) 수원지방법원 안산지원 2018.04.25 2017가단15218

면책확인

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On July 13, 2002, the Plaintiff entered into a sales agreement with the Defendant on the following terms and conditions, and was paid KRW 20 million by the Defendant on the same day.

-A.1 The buyer(s)(s)(1)(the buyer(s)(s)(s)(s)(the buyer(s)(s)(s)(s)(s)(s)(s)(3)(s)(s)(3)(s)(s)(3)(s)(

(2) The sales agent (Plaintiff) entered into a sales contract for the commercial building of this case on July 13, 2002, with the payment of the sales commission of KRW 20 million to the Plaintiff, and the sales agent (Plaintiff) entered into a sales contract for the commercial building of this case on August 20, 2002, which is the remainder date, agreed that the commercial building of this case will be sold by generating and selling a fixed amount of profit (500,000 won per ordinary day).

3) In the event of a breach of contract under the preceding two paragraphs, the purchaser shall cancel each contract, i.e., a refund of the sales price for commercial buildings, and the event of the City and the sales agent shall jointly and severally bear the obligation to

B. On April 14, 2003, after being detained on the complaint by the defendant and C, the plaintiff paid KRW 5 million to C on April 21, 2003, and on July 13, 2002, the plaintiff agreed to pay KRW 25 million out of the total sum of interest and litigation costs of KRW 30 million,00,000,000, which was paid on July 13, 2002 by the defendant and C, within the period of May 30, 2003, and the amount of damages arising from the termination of the contract shall be paid in cash pursuant to the damage compensation agreement attached to the agreement (hereinafter "the agreement of this case").

C. According to the instant damages agreement, with respect to KRW 100 million for the sale price of the instant commercial building paid by the Defendant and C, the Plaintiff agreed that the Plaintiff will substitute the entire damages incurred due to the termination of the sales contract for cash car, and the sales agent (Plaintiff and F) will jointly pay for the damages.

The defendant filed an application for payment order against the plaintiff and F for the payment of KRW 100 million of the sale price and damages for delay pursuant to the contract of compensation of this case.