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(영문) 광주지방법원 2020.05.29 2018나60747
손해배상(기)
Text

1. The part against the defendant among the judgment of the court of first instance against the defendant B is revoked, and the plaintiff as to the revoked part against the defendant B.

Reasons

Basic Facts

The reasoning for this part of this Court is as follows, and this part of this Court's reasoning is identical to the corresponding part of the judgment of the first instance, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The "G" in Part 4 of the third side shall be added to "N".

The testimony of the witness F in the first instance court of F shall be added "the result of response to an order to submit financial transaction information to the JAB by the court of first instance" and "the testimony of the witness F" shall be added "the testimony of the witness F" to the testimony of the witness F by the court of first instance."

Although Defendant B, in accordance with the instant business agreement, was obligated to purchase the instant land in KRW 300 million and KRW 900 million and to make the Plaintiff and Defendant B complete the registration of ownership transfer with respect to the instant land, Defendant B entered into a contract with F to purchase the instant land and paid KRW 100 million to F, but paid KRW 180 million from F (hereinafter “the instant refund”) and fulfilled obligations under the instant business agreement by receiving KRW 180 million from F and cancelling the sales contract with respect to the instant land.

Therefore, Defendant B is obligated to pay to the Plaintiff KRW 200 million and delay damages for the penalty for breach of contract or the estimated amount of compensation for losses under paragraph (5) of the instant agreement.

Defendant B’s assertion contains the content that the Plaintiff received a written appraisal of at least KRW 1.8 billion with respect to the instant land within 20 days from the date of conclusion of the sales contract on the instant land and received a written appraisal of at least KRW 1.8 billion from the financial institution, and accordingly, the Plaintiff would obtain a loan from the financial institution to repay the instant land purchase fund with the loan. However, it is impossible to receive an appraisal of at least KRW 1.8 billion with respect to the instant land, so the instant

Defendant B is the case.

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