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(영문) 수원지방법원 2016.08.25 2015나8107
손해배상
Text

1. The part against Defendant B in the judgment of the first instance is modified as follows:

Defendant B shall be the Plaintiff 100,000.

Reasons

1. Basic facts

A. A. Around April 2008, the Plaintiff entered into an investment agreement with Defendant B with the content that the Plaintiff would have divided its net income by investing KRW 100 million in Defendant B and purchasing approximately KRW 3,000 of approximately KRW 1,000 in YY E, as well as by selling it as a logistics warehouse.

B. On April 11, 2008, Defendant B entered into a contract with Defendant D Co., Ltd. (hereinafter “Defendant Company”) to purchase part of the land E incheon-si (hereinafter “instant sales contract”) with the Plaintiff, one’s own wife, as follows.

O Trading subject matter: O selling price of KRW 917m2 (hereinafter “instant land”) out of KRW 9,917m2 (hereinafter “the instant land”) in 00,000,000,000 for forest E 20,000,000,0000 owned by the Defendant Company: KRW 260,000,000 (the contract amount of KRW 60,000,000 shall be KRW 200,000,000 for the instant land at the time of the contract, and each payment shall be made at the same time as the permission was obtained): If the seller or purchaser fails to perform the terms of this contract, the other party may notify in writing the person who failed to perform the contract and cancel the contract.

In addition, the parties to the contract may claim damages from the other party due to the cancellation of contract respectively, and the contract deposit shall be considered as compensation for damages, unless otherwise agreed.

O In the case of a sales contract, a special agreement attached thereto: The expenses related to the authorization and permission shall be paid by the purchaser, and the seller shall be responsible for all necessary documents.

The owner shall file an application in the name of the defendant company.

C. The Plaintiff and Defendant B paid down payment of KRW 60 million to the Defendant Company on the date of conclusion of the instant sales contract.

On the other hand, the defendant company did not pay expenses related to the authorization and permission to the plaintiff and defendant C on September 17, 2008.

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