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(영문) 서울중앙지방법원 2014.03.12 2013가합528346
손해배상(기)
Text

1. As to the Plaintiff’s KRW 43,00,000 and KRW 10,000 among them, the Defendant shall pay to the Plaintiff KRW 43,00,000 from March 26, 2013, and KRW 33,00,00.

Reasons

1. Basic facts

A. On March 25, 2013, the Plaintiff concluded a sales contract (hereinafter “instant sales contract”) with the Defendant to purchase the Seocho-gu Seoul Metropolitan Government C Apartment Down-dong 1401 (hereinafter “instant apartment”) with the price of 1.1 billion won, the Plaintiff agreed to pay 10 million won out of the down payment of 11.1 billion won on the date of the contract, and transfer 100 million won to the Defendant’s bank account on March 26, 2013, which is the following day, to transfer the remainder amount of 9.9 billion won to the Defendant’s bank account on March 26, 2013. Of the remainder amount of 9.9 billion won, the Plaintiff acquired the obligation to return the deposit for lease on a deposit basis against the person having chonsegwon of the instant apartment, in lieu of payment, and the amount of 260 million won shall be paid in cash on April 29, 2013.

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

◎ 계약내용 제5조 매수인이 잔금을 지불하기 전까지 매도인은 계약금의 배액을 배상하고, 매수인은 계약금을 포기하고 이 계약을 해제할 수 있다.

Article 6 If a seller or buyer has a default on obligations under this Agreement, one of the parties to the contract may notify in writing the other party who has defaulted on his/her obligation, and may cancel the contract if the other party has failed to perform the obligation.

In such cases, the seller and the buyer may claim damages from the other party respectively, and the standards of Article 5 shall apply, unless otherwise agreed on the damages.

◎ 특약사항 제4조 만일 2013. 3. 26.까지 계약금 중 1억원이 입금되지 않을 경우, 별도 약속이 없는 한 최고 없이 이 계약은 해제된다.

C. The Plaintiff, on the date of the instant sales contract, remitted KRW 10 million out of the down payment to the bank account in the name of the Defendant (hereinafter “instant account”).

On February 26, 2013, the day following the date of the instant sales contract, the Defendant notified D that it would cancel the instant sales contract to a licensed real estate agent D who has arranged the conclusion of the instant sales contract, and terminated and closed the instant account, and the Plaintiff may know such fact.

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