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(영문) 서울중앙지방법원 2016.10.04 2015가합573227

손해배상(기)

Text

1. The plaintiff's claim against the defendants is dismissed.

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

Reasons

1. Basic facts

A. On February 23, 2012, the Plaintiff entered into a sales contract between the Plaintiff and the Defendants, each of the real estate listed in the separate sheet (hereinafter “instant real estate”) owned by the Defendants and the Defendants.

2) In concluding a contract to purchase KRW 2.1 billion (hereinafter “instant sales contract”).

(C) The remainder of KRW 100 million on the date of the contract, and the remainder of KRW 2 billion on May 23, 2012 (However, the remainder of the down payment was changed to KRW 250 million and KRW 1.85 billion.

(2) On February 23, 2012, the Plaintiff paid KRW 100 million to the Defendants the down payment, and additionally paid KRW 150 million on March 14, 2012.

B. The Plaintiff could not pay any balance on May 23, 2012, which is the due date for the remainder payment and requested the Defendants to extend the due date for the remainder payment. The Defendants delayed the due date for the remainder payment by May 29, 2012. (2) The Plaintiff failed to pay the remainder on May 29, 2012. The Plaintiff requested the Defendants to postpone the due date for the remainder payment and drafted a factual confirmation (hereinafter “instant factual confirmation”) and a written statement with the following content.

[Written Confirmation of Facts] The remaining 1.85 billion won

7. A promise to deposit by no later than 15. If the payment date of the balance is delayed, I would waive the right to the down payment and the contract and terminate the real estate sales contract on February 23, 2012.

[I agree to pay the balance of 1.85 billion won in the purchase price and additional 100 million won in the event of the remainder.

(F) On May 29, 2012, the Plaintiff requested a postponement of the payment date again because the Plaintiff failed to pay the remainder even after July 15, 2012. The Defendants extended the payment date until August 15, 2012. (4) The Plaintiff failed to pay the remainder even after such extension.