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(영문) 서울북부지방법원 2017.08.10 2016가합725 (1)
손해배상금
Text

1. The Defendant’s KRW 300,000,000 and the Plaintiff’s annual rate of 5% from April 8, 2016 to August 10, 2017.

Reasons

1. Basic facts

A. On February 15, 2016, C decided to purchase the building D, E, and its ground (hereinafter collectively referred to as “instant real estate”) in total at KRW 1.3 billion from the Defendant, in Ansan-si, and paid the down payment of KRW 200 million on the same day.

However, in order to obtain additional loans of KRW 850,00,000,000, which the Defendant borrowed from fisheries cooperatives as collateral the above real estate, the Defendant and C and the Defendant set up a so-called business (UP) contract, which sets up KRW 200,000,000,000, and entered into a sales contract (hereinafter “first sales contract”) as follows.

The purchase price: The balance of KRW 200 million (payment on the date of a contract): 1.3 billion won (payment on the date of a contract): Where a seller or a purchaser fails to comply with the terms and conditions of this contract under Article 6 (Non-performance of Obligations and Compensation for Damages), the other party may notify in writing the person who has failed to comply therewith 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.

[Matters of Special Agreement]

1. The conditions under which provisional registration is cancelled when settling any balance due to the loan of a financial institution; 2. The loan of a bank loan of KRW 8,000,000,000 and the seller shall be liable for the monthly rent of KRW 8,000,000,000,000,000 won which

B. After the formation of the above sales contract, it was confirmed that C was difficult for the buyer to meet the requirements for credit rating, etc. for additional loans. On February 17, 2016, the Defendant drafted a sales contract again (hereinafter “second sales contract”) on February 15, 2016 between C and the Plaintiff in a de facto marital relationship with C on the date of the sales contract for the instant real estate, and the main contents thereof are as follows.

The purchase price: 1.5 billion won (payment on the day of the contract): The balance of 200 million won (payment on the day of the contract):

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