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(영문) 서울북부지방법원 2018.08.16 2017나32853
손해배상(기)
Text

1. Of the part against Defendant B in the judgment of the court of first instance, the plaintiff who falls under any of the following amount ordered to be paid.

Reasons

1. Basic facts

A. On May 7, 2015, the Plaintiff committed a series of acts, including the conclusion of the following sales contract, on behalf of the Defendant C through D through the brokerage of Defendant B, who was engaged in the brokerage business as a broker assistant of the G Licensed Real Estate Agent Office, on behalf of the Plaintiff, on behalf of the Defendant C, but the Plaintiff does not separately indicate whether the agent was acting or an actual agent.

A sales contract was concluded with the content that purchases the instant building (hereinafter “instant building”) of 390 million won (hereinafter “the instant sales contract”) with a lot of brickdy housing (e.g., 60 square meters) located within the development-restricted zone from Defendant C (hereinafter “instant sales contract”), located within the development-restricted zone from Defendant C, and the Defendant C paid KRW 50 million as down payment on the same day.

The main contents of the instant sales contract are as follows.

(A) The buyer, “the Plaintiff,” “the seller,” “the seller,” “the seller,” “the seller,” and “the seller,” “the seller,” and “the buyer,” under an agreement, shall pay the purchase price as follows with respect to the sale of the said real estate.

-the sale price of KRW 390 million - the contract price of KRW 50 million - the receipt amount at the time of the contract and the receipt amount of KRW 340 million - the remaining amount shall be paid on May 13, 2015;

Article 5 (Cancellation of Contract) If the buyer does not pay the intermediate payment (if there is no intermediate payment), the seller shall reimburse the sum of the down payment, and the buyer may waive the down payment and rescind this contract.

Article 6 (Non-performance of Obligations and Compensation for Damages) If the seller or the purchaser has defaulted on the terms and conditions of this Agreement, the other party may notify in writing the person who has defaulted on the contract and rescind the contract.

In addition, the parties to the contract may claim compensation for small damage according to the termination of contract to the other party respectively, and the contract deposit shall be regarded as the basis for compensation for damage, unless otherwise agreed

Matters of special agreement

1. Whether permission or permission for relocation of each Gu office is granted;

2. Consent to use a site at the time of permission for relocation;

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