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(영문) 광주지방법원 2020.09.17 2019가합52787
손해배상(기)
Text

1. The Plaintiff (Counterclaim Defendant) pays KRW 130,810,570 to the Defendant (Counterclaim Plaintiff) B and C, respectively.

2. The plaintiff (Counterclaim defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. D Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is a company established for the purpose of the sales agency business of housing and commercial buildings, and is a company that vicariously conducted business such as an open bid and sales contract of neighborhood living facilities apartment buildings and commercial buildings (hereinafter “G complex”). Defendant E is the representative of Defendant Co., Ltd., Defendant B and C are the persons who sold the sales right of the instant commercial building H, and the Plaintiff is the purchaser of the said sales right.

B. On September 23, 2017, the Defendant Company held an open bid on the instant commercial building in the G Model House located in the Nam-gu Seoul Metropolitan Government I (hereinafter “instant open bid”).

C. The Plaintiff participated in the instant open bid and was awarded the instant shopping mall H in KRW 397,00,000, and entered into a sales contract with Defendant B and C on September 24, 2017 that sold the instant shopping mall H in KRW 397,00,000 (hereinafter “instant contract”).

The main contents of the instant contract are as follows.

G Article 1 (Methods for Payment of Sales Amount) (1) "B" of the sales contract (Evidence A 3) of the commercial facility sale right in the G complex shall pay the corresponding amount to the account of the bank designated in this Section through "A" (seller) within the due date for payment as follows.

On November 31, 2018, when concluding a contract on three occasions (10%) more than two occasions (15%) (10%) in the intermediate payment (10%) (15%) (15%) (15%), the remainder shall be paid by the expiration date of the period of designation of the occupant on April 20, 2018, on April 20, 2018.

Article 2 (Late Payment) (1) When the agreed payment date has elapsed due to the delay in the payment of intermediate payment and the balance, the overdue period for the number of days elapsed.

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