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(영문) 인천지방법원 2018.07.13 2017가합57584
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The method of payment, etc. under Article 2 of the Basic Facts;

1. Down payment: 1 = Three million won (30,000,000) shall be paid at the time of a contract;

2nd = 20 million won ( 20,000,00) shall be paid within 30 days from the date of the contract.

2. Balance: Dolman0 million won (e.g. 750,000,000) shall be deposited directly in “A” (the Defendant) by a financial institution with the above land business license obtained and loaned in the name of “B” (Plaintiff).

Provided, That the deadline shall be October 31, 2016.

3. Loans: One billion won, excluding the down payment and remainder, out of the purchase price of KRW 100 million, shall be repaid by “B” on behalf of the loans under the name of “A” secured by the said land.

Article 3 (Duties of “A”

1. Written consent to land use;

2. Written consent to the use of land (excluding matters concerning the use of land after authorization, permission and contract);

3.provide “B” with all documents necessary for permission.

4. In the event of a financial occurrence, all necessary documents shall be provided without delay at the request of “B”.

At this time, “B” regulates the remainder payment guarantee of land price that is not an condition in the financial institution.

5. “A” shall pay, after the contract, all the financial costs incurred on the said land by August 31, 2016, and shall be responsible and payable until the date on which the licence is obtained at the time of tax occurrence.

6. “A” must compensate for all damages incurred by failure to provide documents to “B” within a given period of time.

Article 4 (Duties of “B”)

1. “B” is responsible for and completed a new construction work on the said land.

2. “B” bears all the expenses and taxes for the above-mentioned land permits and all the projects.

3. “B” bears from the interest payable on September 6, 2016 the interest on the loan interest accrued on the above land.

4. “B” is responsible for all parts arising from the above land project. A.

On May 21, 2016, the Plaintiff: (a) owned by the Defendants each 1/2 shares by the Defendants, and (b) is not more than KRW 992 square meters and not more than KRW 2,975 square meters of land E in Incheon-si, Incheon-si.

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