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(영문) 대전지방법원 2020.07.15 2019가단101998

계약금반환 및 손해배상

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff is a corporation with the objective of designing, constructing, selling, etc. solar power plants.

B. The Plaintiff and the Defendant concluded each sales contract on two occasions as follows (hereinafter collectively referred to as “each of the instant sales contracts”), and paid 67.5 million won (five percent of the sales price) in total as down payment on June 30, 2017.

The details of each of the instant sales contracts are as follows.

1) Subject matter of a sales contract as of June 30, 2017: The subject matter of a sales contract as of March 30, 2017: The amount of KRW 248,160,000, down payment of KRW 12,408,000, which is paid at the time of the contract, and the balance of KRW 235,752,000,000, which is paid at the time of the contract, may be notified in writing to the person who has failed to perform the contract and the other party may claim damages arising from the cancellation of the contract, and the down payment shall be deemed as the basis for compensation for damages, unless otherwise agreed on the damages. - Since the seller provides the buyer with the permission for the sale and purchase of land (written consent for use, certificate of personal seal impression) and other documents in good faith, he/she shall be subject to permission for the sale and purchase at the time of the buyer’s transfer registration to the seller and the seller at the time of the sale and purchase.

The subject matter of sale: Article 6 (Non-performance of Obligations and Compensation) is paid in December 28, 2017 at the time of the contract in the amount of KRW 1,101,840,000 for KRW 55,092,00 for F forest land purchase price: 1,146,748,00 for the remainder of KRW 1,146,748,00 for the remainder of KRW 1,146,748,00.