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(영문) 서울서부지방법원 2017.01.20 2016나34056
약정금
Text

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be revoked.

Reasons

1. Facts of recognition;

A. On October 8, 2012, the Plaintiff entered into a contract with C to purchase six parcels of land, such as D, and a factory building on the ground, at KRW 2.7 billion (hereinafter “instant sales contract”), including down payment, and paid KRW 22 billion to C until January 25, 2013, including down payment.

B. In concluding the instant sales contract, the Plaintiff and C agreed to the effect that “The interest in arrears amounting to KRW 200 million which C received as down payment shall be used in paying the interest in arrears and the surplus shall be used for other purposes (Article 8 of the Special Agreement)” as the special agreement.

C. At the time, the Defendant, as a broker for the instant sales contract, inserted the following contents in relation to the said special agreement (hereinafter “instant special agreement”), entered the seller at the bottom of the sales contract, and entered the name and address of the Defendant under the name of the buyer.

1) Paragraph 9 of the special agreement: Paragraph 13 of the special agreement must be held liable and accompanied by the defendant on condition of the implementation of Paragraph 8; 2) if the damages are incurred for any reason, the defendant shall be held fully liable and fully compensated for the damages incurred by the plaintiff in subrogation of C.

On March 21, 2013, the Plaintiff and C applied for land transaction permission under the instant sales contract to the Mayor of Pakistan, but:

3. 27. Non-permission and the instant sales contract became final and conclusive. D.

The Plaintiff filed a lawsuit against C with the Plaintiff seeking the refund of the instant purchase price (Seoul Central District Court 2013Gahap516206), and on March 28, 2014, the said court rendered a judgment to the effect that “C shall pay to the Plaintiff KRW 220 million and damages for delay.”

The above judgment became final and conclusive as C filed an appeal and withdrawn the appeal.

(Seoul High Court 2014Na2012742). e.

Until July 30, 2015, the Plaintiff collected 26,403,470 won from the bank against C until July 30, 2015, and paid 21 million won.

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