logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2017.09.28 2017가합50327
기타(금전)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On August 17, 2015, the Plaintiff entered into a sales contract with the Defendant to purchase the land for the factory in Seongdong-gu, Busan-gu, Busan-dong (hereinafter “instant land”) and its ground-based factory building (hereinafter “instant building”) at KRW 17.3 billion, and to pay the remainder amount of KRW 9.4 billion by October 16, 2015 (hereinafter “instant first sales contract”), and around that time, the Plaintiff paid the Defendant the said down payment amount of KRW 90 million to the Defendant.

B. However, until October 16, 2015, the Plaintiff requested the Defendant to pay the remainder amount of 16.4 billion won under the instant sales contract, thereby delaying the payment due date. On January 4, 2016, the Plaintiff concluded a sales contract again to pay the remainder of 16.6 billion won (hereinafter “instant second sales contract”) by January 27, 2016, taking into account damages for delay due to the delay in the payment of the remainder between the Defendant and the remainder of 17.5 billion won and the remainder of 16.6 billion won after deducting the down payment that was already paid (hereinafter “instant second sales contract”).

C. However, the Plaintiff failed to pay the remainder of KRW 16.6 billion to the Defendant until January 27, 2016, which is the remainder payment date under the instant sales contract, and upon the Plaintiff’s request, the Defendant delayed the remainder payment date on February 19, 2016, and subsequently rescinded the instant secondary sales contract on July 12, 2016 on the ground that the Plaintiff’s remainder payment was unpaid on or before July 12, 2016.

【Ground of recognition】 The fact that there has been no dispute, Gap’s 1 through 5, Eul’s 2 and 3(including paper numbers), the purport of the whole pleadings

2. The plaintiff's assertion and judgment thereon

A. The plaintiff's assertion is based on the estimated amount of damages for KRW 900 million paid to the defendant where the second sale contract of this case was cancelled due to the plaintiff's reasons attributable to the second sale contract of this case.

arrow