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(영문) 대전지방법원 2017.10.25 2016가단12011

손해배상(기)

Text

1. The Defendant’s KRW 126,652,779 for the Plaintiff and 5% per annum from April 25, 2016 to October 25, 2017, and the following.

Reasons

1. Presumed facts

A. On November 2009, the Defendant, along with the Daejeon Metropolitan City Urban Construction, implemented Daejeon Housing Site Development Project with respect to the total area of 6,109,000 square meters in Seo-gu, Seo-gu, Seo-gu, Daejeon Metropolitan City. On November 2, 2009, on the land for commercial convenience, the Defendant, upon making a public announcement of the sale of the land for commercial convenience in Daejeon B, started selling the land for 26 commercial land in Daejeon, 8 land for neighboring neighborhood life, and 61 land for quasi-residential area by means of a general public tender.

On May 24, 2010, the Plaintiff purchased 1,566,625,000 square meters from the Defendant as quasi-residential land in the Daejeon Housing Site Development Project District (hereinafter “instant land”).

B. The Defendant entered into a contract for the purchase and sale of the instant land (hereinafter “instant contract”) and set the following provisions as to the additional damages for delay in the event that the time of land use is delayed due to the Defendant’s fault.

Article 2. (1) If the Plaintiff (including the settlement money) fails to pay the purchase-price (including the settlement money) referred to in Article 1 on the day on which it pays it, the delay damages calculated by applying the interest rate of 13% per annum to the total delay period shall be paid to the Defendant.

Provided, That where the total period of delay is less than one month, the interest rate of 9% per annum, and where the total period of delay is less than three months, it shall be calculated by applying the interest rate of 11% per annum.

In such cases, the period of delay shall be calculated from the day after payment is made.

Article 5 (1) A shall accept restrictions on the use of land inevitably resulting from the development project and other disadvantages when it is supplied with land subject to the development project prior to the completion of the development project.

In such cases, Eul shall faithfully implement the development project so that the disadvantages of Gap can be minimized.

(2) Where the period of land use is delayed due to the delay in created works due to a cause attributable to B, B shall be paid for the purchase price already paid.