(영문) 서울동부지방법원 2016.12.16 2015가단116330

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(영문) 서울동부지방법원 2016.12.16 2015가단116330

손해배상(기)

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1. The Plaintiff (Counterclaim Defendant) shall pay to the Defendant (Counterclaim Plaintiff) KRW 20,000,000 and its payment from August 14, 2015.

Reasons

1. Facts of recognition;

A. On April 24, 2015, the Plaintiff’s agent C entered into a sales contract with the Defendant and Songpa-gu Seoul Metropolitan Government No. 501 (hereinafter “instant real estate”) on the following terms (hereinafter “instant sales contract”), and paid 10 million won the down payment to the Defendant on the date of the contract.

(1) The content of a contract: 40 million won: The intermediate payment of KRW 10 million (time for payment: April 24, 2015): The remainder of KRW 350 million ( May 12, 2015 when payment is made): Before the buyer pays the intermediate payment (in the absence of any intermediate payment, the remainder of the down payment) to the seller, the seller shall pay the intermediate payment (in the absence of any intermediate payment), and the buyer may rescind the contract by giving up the down payment and rescind the contract.

(3) If a seller or buyer under section 6 (Non-performance of Obligations and Compensation for Damages) fails to perform any of the terms and conditions of this contract, the other party may give written notice to the person who has defaulted and rescind the contract.

In addition, the parties to the contract may claim damages from the other party due to the cancellation of the contract, and the contract deposit shall be considered as compensation for damages, unless otherwise agreed.

(4) Special terms and conditions: 1.30 million won of lease deposit shall be succeeded to.

(2) The maximum amount of claims shall be KRW 187,200,000 shall be repaid and cancelled at the time of any balance.

B. On April 25, 2015, the Defendant concluded a lease agreement with Nonparty E and the instant real estate (hereinafter “instant lease agreement”) stating that deposit of KRW 330 million shall be determined on the date of the contract, and the remaining payment date of KRW 30 million shall be June 12, 2015 (hereinafter “instant lease agreement”).

C. After that, on May 11, 2015, the Plaintiff deposited the intermediate payment of KRW 10,000,000 into the Defendant’s new bank account.

There was a dispute between the Plaintiff and the Defendant regarding the instant sales contract.

유사 판례

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