손해배상(기)
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. Around May 2013, the Defendant entered into a commercial supply agreement with Esplus Co., Ltd. and the Seoul Seongdong-gu Seoul Metropolitan Government Neighborhood living facilities at KRW 106,81,600 per heading that the sales price was paid for the second floor 401, 209, and 210; the down payment is at the time of the contract; the first intermediate payment is at the time of the contract; the second intermediate payment is at the time of May 27, 2013; the second intermediate payment is at the time of September 25, 2013; and the remainder is at the expiration of the fixed period for the occupant.
On the other hand, the contents of the resale right under the supply contract are as follows.
Article 4 (Resale of Ownership) (1) Resale of a sale right is possible within the extent permitted by the relevant laws and regulations at the time of resale, and shall be effective in this supply contract with the defendant's written approval.
(2) The resale of the right of sale under Section 1 of this Article shall be limited to the case where the obligation to the defendant is performed at the time of application for approval, and the person who has received the loan from the lending institution for the property indicated by the lending institution shall submit to the defendant evidentiary documents of succession to the loan issued by the lending institution, and
The Plaintiff entered into a contract for resale of the right of sale with Espugwon Co., Ltd. and the Plaintiff, which accepts the status of purchaser under the above supply contract, and obtained approval from the Defendant around November 11, 2013.
C. The Defendant received the authorization of completion on June 26, 2014, and had several buyers sell the remainder on the same day, but the Plaintiff did not pay the remainder to the Defendant.
On the other hand, on May 13, 2015, the Plaintiff entered into a resale agreement with B on the right to sell the commercial building No. 202, and on June 18, 2015, the Plaintiff notified the Defendant of the plan to pay the remainder and overdue interest after the change of the contractor’s name on June 26, 2015. Accordingly, the Defendant responded to the purport that the Defendant would refuse to approve the change of contractor’s name unless the remainder and overdue interest are first paid.
On June 26, 2015, the plaintiff paid overdue interest to the defendant, and B.