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(영문) 부산고등법원(창원) 2020.08.20 2019나13035

손해배상(기)

Text

1. The lawsuit acceptance by the Defendant (Counterclaim Plaintiff) in this Court and the Plaintiff (Counterclaim Defendant) that was reduced or expanded by this Court.

Reasons

1. After remanding, the Plaintiff died on May 22, 2019, which was pending in the final appeal on the deceased B (hereinafter “the deceased”).

(B) No. 3-1) and the co-defendant C of the first instance trial are those of the deceased as the children of the deceased.

As to the claim against B for payment of money, the court of first instance rendered a judgment of winning part of the plaintiff against the deceased and against C, and only that part of the deceased appealed.

The court of the trial prior to remand rendered a judgment dismissing the deceased’s appeal, and the deceased appealed, and the court of final appeal reversed “the damages for delay of KRW 483,00,000 out of the lost portion,” and remanded to the court of final appeal.

Therefore, the scope of the trial after remand is limited to the above damages for delay.

The relevant claim part shall be explained within the necessary scope of the judgment on delay damages.

2. Basic facts

A. On August 18, 2016, the Plaintiff purchased 525,00,000 won in the purchase price for D’s land and the 4th floor thereof (hereinafter collectively referred to as “the instant real estate,” and the building as “the instant building”) between the Deceased and the Deceased, Jinju-si, and the purchase price for which KRW 32,50,000,00. The Plaintiff’s total sum of the obligation to return the deposit amount for the said building (as the underground and the 25,000,000 won in the upper floor, KRW 5 million in the second floor, KRW 2,00,000 in the third floor, and KRW 3 million in the contract (Evidence A), but the deposit amount for the third floor is written as KRW 2,00,000 in the amount of KRW 60,000,000 on the date of the contract, KRW 30,300,300,300,300,300.

A. On September 9, 2016, the sales contract was concluded to pay each of the instant payments (hereinafter “instant sales contract”).

B. Article 6 of the sales contract of this case provides that "if the seller or the purchaser fails to perform the contractual terms and conditions, the other party shall do so.