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(영문) 대전지방법원 2018.06.28 2017가단210997

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Presumed facts

A. On January 28, 2013, the Plaintiff: (a) concluded a sales contract with the Defendant to purchase KRW 71,367,620 (hereinafter “instant sales contract”); (b) the sales contract to purchase KRW 71,136,760 (hereinafter “instant sales contract”); and (c) the first intermediate payment of KRW 177,841,841,90,90 on March 28, 2013; and (d) the intermediate payment of KRW 177,841,841,90 on June 28, 2013; and (e) the contractual area of KRW 144.5976 on a commercial building (hereinafter “instant commercial building”); and (e) the Plaintiff shall pay the remainder of KRW 71,36,760 on a deposit basis; and (e) the intermediate payment of KRW 17,841,90,00 on June 28, 2013;

B. On January 31, 2013, the Plaintiff entered into a sales contract with C to sell the instant commercial building at KRW 1,050,000 (hereinafter “instant resale contract”), and paid KRW 100,000,000 from C as of that day, and KRW 320,137,50,000 from the first intermediate payment as of March 28, 2013, which is the payment date of the first intermediate payment of the instant sales contract, agreed to pay KRW 300,00 to each of the Plaintiff’s accounts at the time of sales.

The Plaintiff paid 71,136,760 won to the Defendant on the day of the instant sales contract.

C. On January 31, 2013, in the latter part of the instant sales contract, C succeeds to all rights and obligations of the Plaintiff under the instant sales contract.

C On March 28, 2013, as the Plaintiff failed to pay the first intermediate payment to the Plaintiff, on May 14, 2013, the Plaintiff and C entered into a modified contract (hereinafter “amended contract”) with the corporate head of the Tong designated by the Plaintiff on May 20, 2013, to deposit KRW 150 million out of the second intermediate payment KRW 300 million into a general account designated by the Plaintiff on August 10, 2013, and the remainder of KRW 150 million out of the second intermediate payment into the account designated by the Plaintiff on August 10, 2013.

E. However, C is the Defendant around May 15, 2013, the date of the first intermediate payment under the modified contract, which was May 20, 2013.