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(영문) 서울중앙지방법원 2019.04.09 2018가합538195
매매대금반환
Text

1. The Defendants jointly and severally committed against the Plaintiff KRW 600,000,000 and Defendant B Co., Ltd. from November 1, 2018.

Reasons

The Plaintiff entered into a sales contract with the Defendant Company B (hereinafter “Defendant Company”) on March 30, 2015 to purchase KRW 1,322,00,000 (hereinafter “instant sales contract”), and paid KRW 300,000,000 to the Defendant Company as the representative director of the Defendant Company, and Article 10(1) of the instant sales contract is clear that the Defendant Company’s joint and several liability pursuant to the instant sales contract was not followed due to the cause attributable to the Defendant Company, and that the Defendant Company failed to pay to the Plaintiff a double payment of the down payment, and that the Plaintiff’s intent to purchase KRW 1,322,32,00,000,000, out of the land scheduled for substitution in an urban development zone D zone was not entered into on March 30, 2015 (hereinafter “instant sales contract”). The Plaintiff’s joint and several liability was not entered into on March 30, 2015.

Therefore, Defendant C, a joint and several surety, is jointly and severally liable to pay to the Plaintiff the amount of KRW 600,000,000,000, which is a double of the down payment, as well as damages for delay calculated from November 1, 2018, which is the day following the delivery of a duplicate of the instant complaint, and Defendant C, a joint and several surety, at the rate of 15% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, from October 26, 2018 to the day

Therefore, the plaintiff's claim against the defendants is justified, and all of them are accepted, and it is so decided as per Disposition.

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