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(영문) 울산지방법원 2019.01.10 2018가합22882
손해배상
Text

1. The Defendant’s KRW 840,000,000 as well as 6% per annum from March 26, 2018 to June 22, 2018 to the Plaintiff.

Reasons

1. Indication of claim;

A. In around 2015, the Defendant is a company that newly built and sold neighborhood living facilities and publicly notified telecom within the “D Industrial Complex” support facilities of Ulsan-gun, Ulsan-gun, Seoul-do.

On June 2015, the Plaintiff: (a) purchased “E” from the Defendant in the above building in KRW 1.4 billion; (b) paid KRW 200 million to the Defendant on June 9, 2015; and (c) received a loan from the F Bank on April 26, 2016, and paid the intermediate payment to the Defendant.

B. However, the Defendant did not properly carry out the business of constructing and selling the above building for a long time, and the Plaintiff could not get any longer, and requested the Defendant to cancel the sales contract on January 2017.

Ultimately, the Plaintiff and the Defendant decided to cancel the above sales contract on January 31, 2017, and agreed that the Defendant paid the Plaintiff KRW 10 million to the Plaintiff by June 30, 2017, under the name of the down payment amounting to KRW 200 million and interest thereon, and that the Plaintiff will accept the obligation borrowed from the F Bank for the payment of intermediate payments.

C. Nevertheless, the Defendant did not take over the Plaintiff’s above loan obligations until June 30, 2017, and did not take over the said loan obligations for a considerable period of time, even though the Plaintiff notified the re-performance of the obligations.

The balance of the above loan obligation is KRW 840 million at present. D.

Therefore, the Defendant is obligated to pay to the Plaintiff damages for nonperformance of the obligation to accept the above loan obligations, 840 million won, which is the balance of the above loan obligations, as well as damages for delay calculated at the rate of 6% per annum as stipulated in the Commercial Act from March 26, 2018 to June 22, 2018, which is the delivery date of a copy of the complaint of this case, as sought by the Plaintiff, from March 26, 2018 to June 22, 2018.

2. Article 208 (3) 2 of the Civil Procedure Act (amended by Presidential Decree No. 20840, Jan. 2, 200).

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