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(영문) 서울중앙지방법원 2020.08.26 2019가단5252137

손해배상

Text

1. The Defendants jointly pay to the Plaintiff KRW 160,000,000 and the interest rate thereon from November 1, 2019 to the date of full payment.

Reasons

Basic Facts

On April 18, 2019, the Plaintiff: (a) purchased at KRW 3,100,000,000 for the purchase price; (b) paid KRW 160,000 for the down payment on the date of the contract; and (c) the Defendants paid KRW 80,00,000,000 for the loan from the E bank as the Plaintiff acquired and changed to the FFF loan; and (d) the remainder of KRW 2,140,00,000 for the lease deposit in lieu of the lease deposit for each of the units of the units of the instant building on May 7, 2019, the registration of ownership was completed on May 7, 2019.

(2) The Plaintiff and the Defendant prepared a loan certificate as if the Plaintiff borrowed from the Defendants (hereinafter “instant sales contract”). The Plaintiff and the Defendant drafted the specific terms and conditions of the instant sales contract as “attached Form 5,” as amended on May 1, 2019, the seller pays KRW 24,000,000, which was paid when the instant building was newly constructed, and compensates the buyer for damages incurred to the buyer. The E Bank’s redemption commission bears the Plaintiff’s remainder of the deposit deposit from September 26, 2019, five months after the date of completion, and the Defendants paid the remainder of the deposit deposit to the Plaintiff and the Defendants shall implement the ownership transfer registration procedure.

The Plaintiff is a down payment of KRW 160,000,000 according to the instant sales contract.