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Reasons
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(영문) 서울고등법원 2013.03.20 2012나12292
손해배상(기)
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1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

2...

Reasons

1. Facts of recognition;

A. On May 5, 2007, the Plaintiff and D (hereinafter “Plaintiff, etc.”) entered into a sales contract with the Defendant to pay the sales amount of KRW 300 million for the real estate listed in the [Attachment List owned by the Defendant (hereinafter “instant telecom”), but the down payment of KRW 50 million for the contract day and the intermediate payment of KRW 100 million until June 10, 2007, and the remainder of KRW 150 million until September 10, 2007 (hereinafter “instant sales contract”), and agreed to the following special agreements at the time of the sales contract:

1) The 140,000,000N total amount of Japanese law loaned by our bank is to be succeeded to by the buyer (1,100,000,000 won at the current exchange rate of exchange). 2) The 30 guest rooms and the 30 facilities are to be sold in full.

3) A loan shall not be included in the purchase price. 4) A loan will be transferred to a purchaser at the time of the payment of an intermediate payment.

5) Flame treatment is co-ordinated by a seller no later than five months before the end of the five-month period and costs are borne by the buyer. 6) The seller’s inspection and repair of the boiler in the part which is not well known to the boiler.

B. Pursuant to the instant sales contract, the Plaintiff et al. paid 10 million won out of the down payment on the day of the contract, and 40 million won, respectively, to the Defendant on May 7, 2007, and the same year.

6. 11. Payment of KRW 50 million in part payments, and KRW 25 million in part payments on the 12th of the same month.

C. On June 1, 2007, before receiving intermediate payments from the Plaintiff, etc., the Defendant entered into an implementation contract with the Plaintiff, etc. on the part of delivering the instant cartel to the Plaintiff, etc., instead of delivering it to the Plaintiff, etc., and on the same day, delivered the instant cartel to the Plaintiff, etc. on the same day:

Since the buyer of Article 2 conducts the business using the seller's business, all civil and criminal responsibilities issued at the place of business after June 1, 2007 are the buyer.

Article 3. On June 1, to the seller.

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