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(영문) 대구지방법원안동지원 2016.10.26 2016가단20640
손해배상(기)
Text

1. The Defendants are 142,00,000 won to each Plaintiff and 15% per annum from October 27, 2016 to the date of full payment.

Reasons

1. Determination as to the Plaintiff’s claim against Defendant B corporation

A. The following facts may be acknowledged in full view of the purport of the entire pleadings in each of the statements in Gap evidence 1 to 4 (including each of the numbers, if any) and significant in this Court, or in the whole of the arguments:

1) On July 11, 2012, the Plaintiff is Defendant B Co., Ltd. (hereinafter “Defendant Company”).

from the inside Dong-si, E and the 11th ground apartment lot (hereinafter “instant apartment”).

(2) Of the 394 households, a contract under which one household of the 101st century is to be sold in the amount of KRW 170 million among the 394 households (hereinafter “instant sales contract”).

2) Defendant D concluded the instant sales contract as the representative director of Defendant Company (Defendant D entered into the instant sales contract as the representative director of Defendant Company)

(2) According to the instant sales contract, the Plaintiff remitted KRW 142 million (=32 million + KRW 30 million on July 11, 2012 + KRW 30 million on July 30, 2012 + KRW 10 million on September 27, 2012 + KRW 10 million on March 19, 2013 + KRW 10 million on March 29, 2013 + KRW 30 million on March 29, 2013 + KRW 30 million on April 1, 2013).

3) Although the instant apartment was completed around February 2015, the Defendant Company did not sell the apartment in accordance with the instant apartment sales contract to the Plaintiff, and the Defendant explicitly stated that the Plaintiff had no intent to sell it to the Plaintiff on the second day of pleading opened on July 13, 2016. B. 1) According to the fact of recognition as above, the Defendant Company made it clear that it did not intend to sell the apartment to the Plaintiff on the second day of pleading opened on July 13, 2016, within the scope of the market price (280,000,000 won, and evidence No. 6) of the instant apartment household at the time of refusal of the performance of the instant apartment sales contract (280,000,000 won) as sought by the Plaintiff within the scope of the market price of the instant apartment household at the time of refusal of performance (280,000,000 won, which was set off by the Plaintiff at the market price of the instant apartment household KRW 28,200,00,00.

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