(영문) 수원지방법원 2018.12.12 2018가단508591

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(영문) 수원지방법원 2018.12.12 2018가단508591

손해배상(기)

Text

1. The defendant shall pay 80,000,000 won to the plaintiff and 15% per annum from March 13, 2018 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The Defendant, as the owner of the Suwon-si Suwon-si Kum Apartment D (hereinafter referred to as the apartment of this case), requested brokerage to the E Licensed Real Estate Agent Office (hereinafter referred to as the Defendant’s broker) for the sale of the apartment of this case.

B. On February 8, 2018, the Defendant concluded a contract for the sale of the instant apartment with the Plaintiff’s agent (hereinafter “Plaintiff’s agent”), and agreed to sell the instant apartment in the presence of the Plaintiff’s broker and the broker’s assistant to the Defendant’s side, and agreed to sell the instant apartment in the presence of the Plaintiff’s broker and the Defendant’s broker G, and with respect to the content of the contract, “sale price is KRW 66 million, the down payment is KRW 60 million, the remainder amount is KRW 586 million, the remainder amount is KRW 586 million, and the part of the down payment is 20 million, which is part of the down payment, to the Plaintiff on February 8, 2018. The remainder of the down payment is received on February 28, 2018, and the remainder shall be paid at the time of payment before the end of May 2018. Where the parties to the transaction give and receive the remainder of the down payment in the order of special agreement or the terms and conditions of the contract deposit.”

hereinafter the instant contract

B. At the time, the Plaintiff did not have been at that site, and entered into a contract with the Plaintiff’s broker by telephone.

C. At the time, the defendant consented to the contents of the above sales contract, and the plaintiff can deposit 20 million won out of the down payment, thereby making a passbook available to the plaintiff's broker, and such broker made a copy of the front of the passbook received from the defendant, and then returned the passbook to the defendant, and notified the plaintiff of the account number, and immediately deposited 20 million won out of the down payment to the plaintiff.

After such deposit, the contents of the contract are exchanged with each other in the mobile phone form.

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