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(영문) 서울고등법원 2017.06.09 2016나2062505
위약벌 등 청구
Text

1.The judgment of the first instance shall be modified as follows:

The defendants are to each of the plaintiffs 279,677,419 won and this.

Reasons

1.In fact, each of the facts described below is without dispute between the parties, or acknowledged upon Gap's evidence of 1 to 11, Gap's evidence of 15 to 22 (if any, including each of the numbers; hereinafter the same shall apply), and the testimony of the witness J of the trial of the party by taking into account the whole purport of the arguments.

[1] On August 6, 2013, Plaintiff A purchased 103, 701 through 704, 801 through 804, 901, 903, 904, 1002, 1004, 1102, 1201, 1202, and 1301 (total 18 units; hereinafter “object of First Trading”) from Defendant D’s purchase of KRW 3,00,000,00 in price.

(2) On August 6, 2013, Plaintiff B purchased 101, 201 through 204, 401 through 404, 501, 1001, 2101 through 03, and B201 (hereinafter “object of Second Sale”) from Defendant C at KRW 3,100,000,00.

(2) The Plaintiffs and the Defendants set the date of payment of the full amount of the purchase price, including the down payment and remainder, on August 6, 2013, which was the date of the conclusion of the contract, in the instant sales contract and the instant secondary sales contract (hereinafter collectively referred to as the “instant sales contract”). The Plaintiffs and the Defendants concluded the payment of the full amount of the purchase price, including the down payment and remainder on August 6, 2013 on the date of the conclusion of the said contract.

[2] At the time of the conclusion of each of the instant sales contracts, the Plaintiffs and the Defendants respectively were to enter into 17 units, including 101 through 704, 801 through 804, 901, 903, 904, 1002, 1004, 1102, 1102, 1201, 1202, 1202, 1301, and 401, 1001, 1001, and 101, among the objects of the second sales (hereinafter the above 19 units, referred to as “the instant 19 units”). As to the Defendants’ remaining payment dates (as of August 6, 2013), they were to deliver them to the Plaintiffs, and they were to leave the said units to the Plaintiffs.

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