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The part against the plaintiff falling under the amount ordered to be paid under the judgment of the first instance shall be revoked.
The defendant.
Reasons
Basic Facts
A. The Plaintiff is a company that runs a housing sales agency business.
B. On October 8, 2018, the Defendant received text messages from the Vice-President of the D Company D to “Profit-type real estate investment strategy seminars” as the “Profit-type real estate investment strategy seminars.”
C. On October 9, 2018, the Defendant participated in the seminars held in the Gangseo-gu Busan E Model House, and was recommended to sell the seminars from F, G, H, etc., which are the Plaintiff’s employees, by hearing the explanation of F, G, H, etc. about the Busan Gangseo-gu I and J Ground K Sales L (hereinafter “instant shopping mall”).
On the same day, the Defendant prepared a sales contract in which the Plaintiff and the Defendant sold the instant commercial building from the Plaintiff in KRW 1,382,00,000 (hereinafter “instant sales contract”) and the sales contract under the said contract was prepared. D.
The Defendant entered the name of the Defendant in the contractor column at the time of preparation of the instant sales contract and signed it.
The sales contract of this case is written with the following contents written in the same word:
Article 1 (Methods for Sale and Payment) A (referring to "Plaintiff"; hereinafter the same shall apply) shall sell the above-mentioned real estate and pay the following amount to the bank account designated by A (referring to "Defendant"; hereinafter the same shall apply) within the due date by the method prescribed in this Article:
- Total sale amount: 1,382,00,000 - Contract deposit: 138,20,000 won at the time of the contract - The first intermediate payment: 276,40,000 won on January 15, 2019 - The second intermediate payment: - The balance amount of KRW 276,40,000 on April 15, 2020 - the balance of KRW 691,00,000 on April 15, 2020 - Article 3 (Cancellation of Contract) at the time of the designation of the occupant occupant : A may cancel this contract after setting a grace period of not less than 14 days and giving a peremptory notice at least once when the execution is impossible:
1. If Section 1 above fails to pay the down payment and intermediate payment as provided for in Section 1 above within two months of the agreed date, the subparagraphs of Article 4 (Penalty, etc.) of this Agreement and the subparagraphs of paragraph 1 of Article III of this Agreement.