beta
(영문) 수원지방법원 2019.02.12 2017가단543559

손해배상금

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 March 2016, Defendant C purchased 3 and 2 parcels of land outside Yongsan-gu, Yongsan-gu, Yongsan-gu and tried to newly construct 3 and 24 units of loan (hereinafter “instant loan”). However, Defendant C transferred to the Plaintiff the business right related to the said newly built construction in order to be an insolvent financial institution.

B. From July 2016, the Plaintiff started the said new construction and completed the instant loan on July 6, 2017, and completed the registration of ownership preservation in the future of the Plaintiff. On the same day, the Plaintiff completed the registration of ownership transfer in the name of E on the grounds of the trust held on July 5, 2017.

C. On May 15, 2017, the Plaintiff entered into a sales agency contract with Defendant C, stating that “The instant 24 households of the loan have been sold by November 30, 2017, and Defendant C shall take over 100% of the remaining amount in unsold housing units, and compensate for 200 million won in the event of unsold housing units.”

After that, F solicited Defendant C to purchase two of the instant loan 16 households (hereinafter “instant building”) from Defendant C, and decided to purchase the instant building in the name of Defendant B, who is the accounting staff of G Co., Ltd.

Therefore, on August 11, 2017, the Plaintiff and Defendant B entered into a sales contract for the instant building (hereinafter “instant sales contract”), and Defendant C jointly and severally guaranteed Defendant B’s obligations under the said sales contract.

E. The sales contract of this case was prepared in accordance with the standard form for each of the eight households of the instant building. The sales price was written in KRW 1.366 million for each of the instant eight households ( KRW 170 million for each household), KRW 80 million for the intermediate payment ( KRW 10 million for each household), KRW 880 million for the intermediate payment (substitute KRW 110 million for each household, KRW 10 million for bank loans), and KRW 40 million for the remainder (payment for each household, KRW 50 million for each household, and KRW 50 million for transfer of ownership).

However, the terms and conditions of the contract of this case are two billion won (125 million won per household) and banks.