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(영문) 서울중앙지방법원 2019.01.10 2018가합549256
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

A. On January 22, 2015, the Plaintiff entered into a supply contract with the Defendant to purchase the first floor D and E (hereinafter “each of the instant stores”) of Gangseo-gu Seoul Metropolitan Government C Commercial Building (hereinafter “instant commercial building”) from the Defendant, respectively, at KRW 491,778,00 per store (hereinafter “each of the instant supply contracts”).

The main contents relating to this case in each of the above supply contracts are as follows:

(A) Of the terms and conditions of a contract, “A” and “B” refers to the Plaintiff. On April 1, 2017, the scheduled date of saleroom occupants: (i) the total time of payment (177,800 intermediate payment (10%) classified as the contract at the time of the contract, 49,177,800 intermediate payment (10%) and the total amount (10%) of the fixed-term payment (10%) of 49,17,802 intermediate payment (10%) of 49,17,807,803 (10%) (10%) of 2015; (ii) the remainder of the fixed-term payment (10%) of 49,17,177,177,8040; and (iii) the fixed-term payment method (10%) of 10,107,407,107,107,197,406,708,710,7406,7,296,7,417).

(Provided, That where the salesroom occupants are delayed for more than three months from the original scheduled date of the salesroom occupants due to the reasons attributable to the "A", Article 3 (Cancellation of Contracts and Penalty) (3) of the "B" may cancel this contract two times after the peremptory notice is given, if there is no performance.

Provided, That this contract shall not be revoked if the sale price is delayed due to force majeure, such as an administrative order, which is not related to a natural disaster or a cause attributable to A.

Article 24 (Matters of Special Agreement) (3) F-Gho Lakes (12 stores) around the center of the first floor are installed at a simple store set aside from 50 centimeters each from each passage, taking into account the aesthetic view, passage, view, etc. of the building, and customers for the sale of the remaining space.

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