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(영문) 수원지방법원여주지원 2019.01.17 2018가단54182
손해배상(기)
Text

1. The Defendant shall pay the Plaintiff KRW 100,000,000 and the interest rate of KRW 15% per annum from July 24, 2018 to the date of full payment.

Reasons

1. Facts of recognition;

A. On April 23, 2018, the Plaintiff entered into a contract with the Defendant to purchase the Plaintiff at KRW 1.1 billion (the contract amounting to KRW 50 million, the remainder KRW 50 million, and KRW 1.5 million) with respect to the land and buildings for the above C’s neighborhood living facilities (hereinafter “each of the instant real property”).

Among each real estate of this case, D/F land was subject to the right to collateral security and superficies under the name of HF.

B. The Plaintiff paid the Defendant the down payment of KRW 50 million on the date of the instant contract.

C. The contract of this case is stipulated under a special agreement, and "1. The balance shall be the date of completion of the permission for development activities.

(A) 2 months required;

2. The buyer shall bear all the costs of development activities, and the seller shall submit faithfully the documents necessary for such development;

In addition, Article 6 (Presumment of Liability and Compensation for Damages) of the Agreement provides that “If a seller or a purchaser fails to perform any of the terms and conditions of this Agreement, the other party may give written notice to the person who fails to perform the obligation and cancel the contract.

In addition, the contractual party may claim damages for the termination of the contract to the other party, and the contract deposit shall be deemed as the basis for compensation for damages, unless otherwise agreed upon. D. The Defendant did not deliver the documents required for development activities to the Plaintiff despite having been requested by the Plaintiff to deliver the documents required for development activities in accordance with the instant special agreement, and the Plaintiff promised on June 12, 2018 to pay the balance to the Defendant within two months from the date of receipt of the documents that “the Plaintiff would deliver the documents necessary for development” to the Defendant.

“.” The Plaintiff sent the content certification to the Defendant on June 25, 2018. Around July 11, 2018, the Plaintiff sent the attached documents to the Defendant.

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