(영문) 서울중앙지방법원 2017.04.25 2016가합555844

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2017.04.25 2016가합555844

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

2. As to the sale of the instant real estate for the purpose of Article 1 of the Terms and Conditions of the Contract, the seller and the buyer shall determine the purchase price as KRW 3,425,00,000, and the down payment of KRW 300,000 among them shall be paid at the time of the contract, and the intermediate payment of KRW 700,000,000 shall be paid at the time of July 25, 2016, and any balance of KRW 2,425,00,000 shall be paid on August 8, 2016.

(b) If the default of Article 6 and the seller or buyer of the damage have not fulfilled the terms of this contract, the other party may make a written demand to the person who has failed to perform the contract and rescind the contract.

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

(A) 【Special Agreement】

7. 30,000,000 won out of the down payment shall be deposited on a gold-day basis, and 270,000,000 won shall be deposited by June 24, 2016, and the down payment shall be effective as the full deposit is made. A.

On June 19, 2016, the Plaintiff entered into a sales contract with the Defendant, who is the agent of “B and three others” (hereinafter “instant sales contract”).

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

B. On the same day, the Defendant directly paid 30,000,000 won to the Plaintiff as part of the down payment under the instant sales contract.

C. The Defendant did not pay the remainder down payment of KRW 270,00,000 even after June 24, 2016, and the Plaintiff demanded the Defendant to pay the remainder down payment on June 27, 2016, and expressed his/her intent to claim KRW 300,000,000 according to the penalty agreement and other damages if the remainder payment is not paid within seven days, while demanding the Defendant to pay the remainder down payment.

However, the Defendant, on the same day, failed to obtain the power of representation from B and three others, and thus the instant sales contract is null and void, and thus, KRW 30,000,000 already paid to the Plaintiff.

유사 판례

-서울중앙지방법원 2017.07.11 2016가단111186

-서울중앙지방법원 2017. 7. 11. 선고 2016가단111186 판결

-의정부지방법원 2017.10.20 2016가단26068

-인천지방법원부천지원 2017.08.18 2017가단5169

-서울서부지방법원 2015.02.06 2014가단229569