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(영문) 인천지방법원 2015.11.25 2015나53711
손해배상(기)
Text

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

Defendant B shall pay to the Plaintiff KRW 4,620,00.

Reasons

1. Basic facts

A. On June 24, 2013, the Plaintiff and D entered into an exchange contract with Defendant B (hereinafter “instant exchange contract”).

The goods of the Plaintiff B: The goods of the Plaintiff and D: ① 238 square meters in multi-family houses E 1/4, 378.82 square meters in Geumcheon-gu, Seoul Special Metropolitan City (25 million won in real loan of the Chungcheongnam-gu Saemaul Fund, KRW 90 million in real loan, KRW 145 million in lease deposit, KRW 1.3 million in rent, KRW 1.3 million in rent), and ② the total transaction value of KRW 820 square meters (65 million in real loan of the Seoul Special Metropolitan City Agricultural Cooperatives, KRW 65 million in total loan of the Seoul Special Metropolitan City), KRW 162 square meters in total transaction value ( KRW 450 million in real loan of the Suhyup Bank), and KRW 375 million in rent, and KRW 1.3 million in intermediate payment shall be paid to the Party A on the remaining 1.3 million in total transaction value, and KRW 7.3 million in balance on the contract date.

Article 1 Section A and B shall submit all documents to deliver ownership transfer registration or rights, simultaneously with the receipt of any balance.

Article 2 In the case of the exchange of pure goods with Gap and Eul without cash payment, the date of exchange of goods shall be determined as the date of the balance payment, and all kinds of rights shall be transferred, and all documents related thereto shall also be exchanged.

Article 3 Various taxes, public charges, etc. shall be liable for B's goods based on the balance payment date.

Article 4 The whole equipment owned on the date of the contract shall be attached to the list of equipment, and when any damage or loss occurs after the contract, it shall be responsible for the restoration to the original state, and if the restoration to the original state is not possible, it shall be reimbursed with the price.

Matters of special agreement

1. Facilities shall be based on the time of contract and penalty for breach of contract shall be 65 million won; and

2. Loans and leases of the above indicated real estate shall be succeeded to each other simultaneously with the acquisition and transfer system;

3. The intermediate payments and remainder shall be in principle on the above date, but the factory room at the time of the contract on the real estate A shall be leased.

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