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(영문) 수원지방법원여주지원 2017.07.12 2016가단7038
손해배상(기)
Text

1. Of the instant lawsuit, the part of the claim against Defendant B is dismissed.

2. The plaintiff's defendant C.

Reasons

1. Basic facts

A. On December 10, 2014, the Plaintiff entered into a contract with Defendant B Co., Ltd. (hereinafter “Defendant Company”) to purchase D 6,611 square meters (owner E; hereinafter “instant land”) and F, G, and H (owner Defendant Co., Ltd.; hereinafter “the instant access road”), and the main contents are as follows.

(2) On January 2, 2000, the Plaintiff determined 200 million won out of the total purchase price of KRW 450 million as the purchase price of the instant land, and the remaining KRW 250 million as the purchase price of the instant land shall be paid to the Defendant Company for the purpose of securing access roads (the access road of this case) and road construction cost.

3. Matters of the special agreement;

(b) On December 10, 2014, the cost of construction for land and access roads shall be paid to I by the Plaintiff to the representative director of the Defendant Company in the amount of KRW 40 million on the date of the above-mentioned arrangement, and shall be paid in KRW 30.6 million on that month.

In addition, the intermediate payment of KRW 100 million is paid on February 28, 2015, and the balance of KRW 250 million is paid on April 30, 2015.

C. On December 30, 192, when the Plaintiff paid KRW 60 million to the owner of the instant land, the Defendant Company paid KRW 20 million to E, and entered into a sales contract in the future of the Plaintiff.

On December 30, 12.30, all agreements shall be null and void at the time that the Plaintiff did not pay KRW 60 million to the Defendant Company, and shall waive all of the agreements paid at the time of the intermediate payment and the remainder payment.

B. On the same day, the Plaintiff paid the Defendant Company the down payment of KRW 40 million, and additionally paid KRW 10 million to the Defendant Company on the 30th of the same month.

1. The Plaintiff entered into the instant sales contract, but it is not possible to deal with the intermediate payment and the balance due to its financial standing, and thus waives the instant sales contract even after several postponements.

2. In addition, the Plaintiff did not raise any objection to the instant land and access roads at the time of resale and the implementation of the land project by the representative of the Defendant Company, and filed all civil and criminal objections.

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