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(영문) 수원지방법원 평택지원 2018.11.14 2017가단63229
손해배상(기)
Text

1. The Defendants jointly and severally committed against the Plaintiff KRW 56,800,000 and Defendant Co., Ltd. from April 30, 2014.

Reasons

1. Basic facts

A. On July 26, 2012, the Plaintiff concluded a sales contract (hereinafter “instant sales contract”) between the Plaintiff and the Defendant C&T Construction (hereinafter “Defendant Company”). On August 28, 2014, the Defendants concluded a sales contract between the seller, the buyer, and the Plaintiff as the responsible contractor for the Defendant Company (hereinafter “instant real estate sales contract”).

B. The contents of the instant sales contract (1) set the total sale price of KRW 71,00,000, which is the basic content of the instant sales contract, shall be determined as KRW 71,000,000; among them, the Plaintiff paid KRW 7,100,000 on July 26, 2012, which is the date of the contract, to the Defendants; and the Plaintiff paid KRW 35,50,000,000 in total, five times from August 26, 2012 to March 25, 2013, respectively, shall be paid as an intermediate payment; and if the Defendants paid KRW 28,40,000 on the date of the designation of occupancy (the scheduled date of occupancy: individual notice if altered according to the process) as of May 2013, the Defendants transferred ownership to the Plaintiff.

(2) Article 3(3) of the instant parcelling-out contract provides that “If the occupancy of the instant parcelling-out contract is delayed due to a cause attributable to B (seller) for which the rescission of the instant parcelling-out contract is possible, it shall not demand B to cancel the contract due to any cause attributable to B (if the occupancy is delayed due to an unavoidable cause, such as natural disaster or administrative order unrelated to the cause attributable to A, it shall not be required to cancel the contract)” and Article 4(3) provides that “A shall pay B the total amount of 10% of the supply price as penalty when the contract is cancelled due to a cause falling under Article 3(3) of the instant contract.”

(3) Article 8(1) of the instant sales contract related to the transfer of ownership provides that “A” (seller) shall be within 60 days from the date of completion of this building.

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