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(영문) 대전지방법원 2015.08.19 2014나17952
위약금 청구
Text

1. Of the judgment of the court of first instance, the part against the plaintiff in relation to the defendant C, which orders payment below.

Reasons

(b)be paid on 21 days;

Any balance: 158 million won shall be paid on July 10, 2013.

Article 2 (Transfer, etc. of Ownership) The seller shall, at the same time, deliver all documents necessary for the registration of transfer of ownership to the buyer and cooperate with the registration procedure, and the delivery date of the said real estate shall be April 10, 2013.

Article 6 (Non-performance of Obligations and Compensation for Damages) If a seller or buyer has any non-performance of the terms and conditions of this Agreement, the other party shall notify in writing the person who has defaulted, and the contract may be rescinded.

In addition, the parties to the contract may claim damages from the other party due to the cancellation of the contract, and the contract deposit shall be based on the compensation for damages, unless otherwise agreed.

Terms and conditions of a special agreement* Part-time payment shall be replaced by KRW 277 million established by the bank.

Provided, That the Corporation may perform the Corporation at the same time as the prepaid loan * the balance after the refund of the current loan.

* The buyer is responsible for interest on loans after March 21, 2013.

* All documents or permits of a prior construction are the seller.

* The buyer is responsible for various taxes on the seller (a building act).

C. On March 13, 2013, the Plaintiff entrusted Defendant B with the conclusion of the instant contract, and issued a check of KRW 15 million at a face value of KRW 2 million, including the down payment of KRW 15 million and the construction design cost. Defendant B, on behalf of the Plaintiff, paid KRW 15 million to Defendant C as the down payment.

On March 21, 2013, the intermediate payment date, the instant real estate was not made, and the Defendant C did not deliver the instant real estate to the Plaintiff on April 10, 2013.

E. On April 19, 2013, Defendant B requested the Plaintiff to pay part payments to the Plaintiff on several occasions with L Licensed Real Estate Agents (Joint Brokerage), but the Plaintiff is still going against the next day.

By April 30, 2013

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