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(영문) 춘천지방법원원주지원 2014.09.04 2013가단2473
손해배상(기)
Text

1. The Defendants shall pay to each Plaintiff KRW 35,00,000 and 20% per annum from September 5, 2014 to the day of complete payment.

Reasons

1. Basic facts

A. On April 16, 2012, the Plaintiff entered into a sales contract with the Defendant Company B (hereinafter “Defendant Company”) to purchase the building of the 2nd floor manufacturing unit E (E only hereinafter “E”), the building of the 2nd floor manufacturing unit, the building of the 2nd floor manufacturing unit, the building of the 2nd floor manufacturing unit, the building of the 2nd floor manufacturing unit factory owned by the Defendant Company, and the building of the 2nd floor manufacturing unit ( Dormitory), such as the 2nd floor manufacturing unit (hereinafter “each of the instant buildings”), and the building of the 4th floor manufacturing unit, the 4th unit heating line, the 4th unit manufacturing unit (including accessory equipment), the 6th unit manufacturing unit (including the 1st manufacturing unit of wind power and the 11st unit for individuals”), the remainder of the sales contract to the Defendant Company on 100,000,000 won (hereinafter “the intermediate payment”) on the date of the contract, 200,2000 won.

B. On the other hand, on April 25, 2012, the Plaintiff concluded a contract with Nonparty H and I to sell each of the instant buildings and air conditioners machinery, etc. for KRW 100,000,000, and recycled materials produced from the removal of each of the instant buildings to H et al., thereby constructing a new factory at the JA of the Chungcheongnam-gun Audio Group.

C. Around April 27, 2012, the Defendant Company sent to the Plaintiff a certificate of the content that it intends to cancel the instant sales contract, subject to the repayment of the amount of the down payment and the intermediate payment. Around May 1, 2012, the Plaintiff sent to the Defendant Company a certificate of the content that, upon notification of the cancellation of the contract, the Defendant Company was unjustly informed the Defendant Company of the cancellation, and that, upon notification of the unilateral cancellation of the contract, the Plaintiff and the Defendant Company suffered damages, such as penalty, etc. due to nonperformance of the contract with the Plaintiff and H, etc. In the end, the Plaintiff and the Defendant Company paid KRW 15 million to the Defendant Company to maintain the validity of the instant sales contract on May 4, 2012, and agreed to perform removal works from June 2012.

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