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(영문) 수원지방법원 2016.01.14 2014가단539795
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 December 17, 2007, the Plaintiff entered into a contract with the Defendant to purchase from the Defendant (hereinafter “instant apartment”) an apartment building that was constructed by the Defendant at the time of the construction with “Seoul-si, Yangyang-si, and No. 503 503, 280.78,00 square meters (hereinafter “instant apartment”).

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

Article 1 (Methods for Payment of Sale Price) 1.A (Defendant) shall supply the above indicated property by the following methods, and Eul (Plaintiff) shall pay the corresponding amount to the following banks and accounts designated by Gap:

Sale price (unit: source) 16,161,00 621,217,000 62,122,00 1,00 1,099,500,000 1,09,500,000

B. The payment method (the original unit: 109,950,950,950,950,000,950,950,950,950,950,000,000 on June 20, 2008 and April 20, 2009 to April 20, 2009 and April 20, 2009 to September 21, 2010, 109,950,950,000 on July 20, 2010 to July 20, 2010 to KRW 109,950,950,950,00 on June 20, 20 to KRW 109,950,950,950,000,950,000,950,000,329,800,80 (the contract) may be rescinded without a separate demand under Section A:

(1) Where the part payments prescribed in Article 1 are overdue at least twice on the designated date for the payment thereof; 2. The part payments prescribed in Article 1 may be rescinded on their own for his/her own reason.

However, it is limited to cases where A recognizes after payment of part payments has been made at one time.

When this contract is terminated on the grounds falling under each subparagraph of Article 3 (Penalty and Refund) 1. Article 2.1, 10% of the total amount to be supplied shall be reverted to A as penalty.

C. On December 17, 2007, the date of the conclusion of the instant sales contract, the Plaintiff: (a) KRW 109,950,000 for the down payment on December 17, 2007; (b) KRW 92,950,00 for the first intermediate payment of KRW 109,950,00 for the first intermediate payment on June 20, 2008, which is the date of the first intermediate payment; and (c) thereafter, on July 23, 2008, the remainder of KRW 17,950,00 for the first intermediate payment of KRW 17,950 for the first intermediate payment on July 23, 2008, which is the date of the first intermediate payment.

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