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1. The plaintiff's appeal and the plaintiff's claim that the court changed in exchange are all dismissed.
2. Appeal;
Reasons
1. Basic facts
A. On October 14, 2016, the Plaintiff entered into a contract with C Co., Ltd. (hereinafter “C”) to acquire bonds with warrants with face value of KRW 2.5 billion issued by C.
(Payment: 2.5 billion won, the date of issuance of bonds: October 17, 2016; the due date: October 16, 2018; and the interest rate: 3.5% per annum. The Plaintiff paid to C a total of KRW 1.5 billion on November 18, 2016, KRW 650 million on November 30, 2016, KRW 650 billion on November 30, 2016, KRW 200 million on March 10, 2017, and KRW 1.5 billion on April 28, 2017.
B. Meanwhile, on November 23, 2016, C entered into a contract with the Defendant to purchase real estate indicated in the separate sheet (hereinafter “instant real estate”) for KRW 5 billion in the purchase price. On March 13, 2017, C entered into a contract with the Defendant to change the terms and conditions on the intermediate payment of the sales contract and the outstanding payment date, etc.
(2) The main contents of each of the above contracts are as follows: (a) the term “the sales contract as of November 23, 2016” and “the amended contract as of March 13, 2017”; and (b) the term “the instant sales contract” as of March 13, 2017.
① Until November 30, 2016, KRW 500 million in down payment; KRW 500 million in the first intermediate payment until January 23, 2017; KRW 500 million in the second intermediate payment until March 13, 2017; KRW 1 billion in the third intermediate payment until May 23, 2017; and KRW 2.5 billion in the remainder until June 8, 2017.
(2) A seller shall deliver all documents necessary for registering transfer of ownership to a purchaser simultaneously with the receipt of the balance of the purchase price, and cooperate in the registration procedure, and the delivery date of the said real estate shall be July 31, 2017.
(3) Where a seller or a purchaser has defaulted on the terms and conditions of this contract, the other party may demand in writing the person who has defaulted on the contract and rescind the contract.
In addition, the parties to the contract may claim the other party for the compensation for damage following the cancellation of contract, and the contract deposit shall be considered as the basis for the compensation for damage unless otherwise agreed.
(4) Special agreement: A written consent to land use.