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(영문) 부산고등법원 2018.05.24 2017나58963

매매대금

Text

1. The judgment of the court of first instance is modified as follows.

The Defendants jointly do so to the Plaintiff and KRW 167,170,000.

Reasons

1. As to this part of the basic facts, Article 1-B of the judgment of the court of first instance is applicable.

In accordance with the main sentence of Article 420 of the Civil Procedure Act, this part of the reasoning of the judgment of the first instance shall be quoted except for the height of "new apartment house" as "new apartment house" (hereinafter referred to as "new apartment house in this case").

2. The parties' assertion

A. Plaintiff 1 is the joint purchaser of the instant sales contract, and the Defendants jointly assume the responsibility for the buyer, such as the duty to pay the price. (2) The Defendants failed to perform the duty to pay the substitute price pursuant to the instant payment agreement until March 1, 2014, which is the due date agreed upon by the Defendants, and in fact impossible to implement the payment agreement. As such, the Defendants are obligated to pay the Plaintiff the compensatory damages for nonperformance, which is the Plaintiff, KRW 187.5 million, which is the amount equivalent to the purchase price agreed under the instant sales contract, and KRW 11 million,00,000,000, which is the total amount of the lease deposit the Defendant paid to the lessee of the instant real estate instead of the Plaintiff, and KRW 933,00,000,000,000,000 won, including the transfer income tax of the instant real estate borne by Defendant D on behalf of the Plaintiff (=18,750,000,000 won) and damages for delay.

B. Defendants 1) Defendant B is not a party to the instant sales contract, and only Defendant D is in the position of buyer under the instant sales contract. (2) The instant sales contract only agreed to pay the purchase price in lieu of the goods after completion, and the present project is currently in progress due to the execution of the PF loan agreement as it was concluded by I and the construction works are selected as the contractor. Thus, it cannot be deemed that the instant payment in lieu of the goods can be performed after completion.

3) Even if the instant accord and satisfaction agreement was impossible, from the compensatory damages payable by the Defendants to the Plaintiff, the sum of KRW 7,658,000 (=1.1.