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(영문) 부산지방법원 2014.01.16 2012가합21327
손해배상
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The parties concerned are corporations aimed at the research, development, and manufacture of electrical franchise and power generation. Defendant B corporation (hereinafter “Defendant corporation”) is a corporation that produces and sells air-conditioning devices. Defendant C is the representative director of the Defendant company, and Defendant D is real estate brokers.

B. On May 2, 2012, the Plaintiff entered into a sales contract. On May 2, 2012, the Plaintiff is the instant real estate between the Defendant Company and the Gangseo-gu Busan Metropolitan Government building for factory land E, 4906 square meters and above ground buildings

5.7 billion won as to the purchase price, and the down payment of KRW 100 million shall be KRW 5.6 billion as to the remainder at the time of concluding the contract; and

6. up to 30.30. Each payment shall be made by the Defendant Company, after completing the registration of ownership transfer with respect to the instant real estate in its name, paid the down payment as 10% of the purchase price, and this contract was concluded, including the special agreement to the effect that the contract is made (hereinafter “the instant contract”). On the same day, the Defendant Company paid the down payment KRW 100 million to the Defendant Company

2) From May 9, 2012, prior to the payment of the remainder, the Plaintiff began to use the instant real estate by installing various parts, equipment, machinery, equipment, etc. on the instant real estate owned by the Plaintiff and using it as a factory. (C) On May 9, 2012, the Plaintiff’s representative director F, who moved into the instant real estate, prepared and delivered to the Defendant Company a performance memorandum (Evidence A No. 4) as described below, around May 9, 2012.

With respect to the payment of down payment according to the sales contract with the defendant company, the remaining down payment amount of KRW 470 million shall be paid within one week from the date of completion of the transfer of ownership by the defendant company with respect to the real estate in this case, and if it is impossible to implement this, the return of the down payment amount of KRW 100 million under the above contract shall not be demanded, and the defendant company shall be liable for all the products and equipment installed in advance in the real estate in this

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