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(영문) 대구지방법원경주지원 2019.03.26 2018가단12370

부당이득반환청구 등의 소

Text

1.(a)

Defendant B Co., Ltd. shall pay to the Plaintiff KRW 72,00,000 and KRW 47,000,000 among them, from July 21, 201 to July 2018.

Reasons

Basic Facts

Defendant B (hereinafter “Defendant Company”) sold to D September 29, 2008 the right to use the State-owned land of the aggregate of three parcels on the attached list (hereinafter “instant real estate”) and of KRW 400,000,000,000,000, which is part of the down payment of KRW 40,000,000,000,000,000 for the intermediate payment of KRW 50,000,000,000 to KRW 32,5,000,000,000,000 for the remainder payment of KRW 32,5,000,00 on December 31, 2008, and was paid as part of the said down payment on the same day.

The Plaintiff guaranteed the Defendant Company’s performance of obligations under the instant sales contract on the same day.

In Article 6 (Non-performance of Obligations and Compensation for Damages) of the instant sales contract, the Defendant Company and D provided that “if the seller or the purchaser has failed to fulfill the terms and conditions of this contract, the other party may demand in writing the non-performance and rescind the contract. In addition, the other party may claim damages arising from the rescission of the contract to the other party, and the other party shall be deemed as the basis for compensation for damages, unless otherwise agreed.” The following special terms and conditions (hereinafter referred to as “instant special terms and conditions”).

Matters of special agreement

1.The down payment shall be paid and used only for the expenses of making an application for cancellation of the registered official injury, provisional attachment, seizure, or collateral security establishment cancellation.

Provided, That the above-mentioned wastes shall be borne by the seller.

2.The intermediate payments shall consist of the balance of down payment and intermediate payment after the full adjustment of the registration code injury as set out in paragraph 1 above.

3.The remaining amount shall be paid after the reorganization of the terms and conditions of paragraphs 1 and 2 above and shall be offset against and paid for the settlement of accounts when they are not dealt with within the said period.

(B) On October 26, 2008, Defendant C, a liquidator of Defendant C, uses 25 million won to the Plaintiff on the terms of the instant sales contract as a condition to use the legal costs for handling the issues in accordance with the terms and conditions of the instant sales contract.