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(영문) 수원지방법원 2018.07.12 2017가단531815
어음금
Text

1. The Defendant amounting to KRW 350 million to the Plaintiff, as well as 5% per annum from August 15, 2017 to July 12, 2018.

Reasons

1. Facts of recognition;

A. On December 12, 2015, the Defendant entered into a sales contract with the Plaintiff to purchase land of KRW 4.84 billion, B, and 16,000,000,000 owned by the Plaintiff, and agreed to pay the remainder of KRW 620,000,000,000, out of the down payment of KRW 720,000,000,000,000 to December 14, 2015, and the remainder of KRW 620,00,000,000 to August 12, 2016, respectively, as stipulated in the following special agreement:

(hereinafter “The first sale contract”). The remaining payment date, regardless of the date of the payment of the balance under the contract, shall be paid within eight months from the date of the contract ( August 12, 2016). In the event that the buyer fails to perform it, the seller may rescind the contract, and at this time, the sale price already paid is reverted to the seller (Article 7). This contract is a contract entered into for the purpose of the buyer’s establishment of a factory, and where approval for the establishment of a factory is impossible due to reasons not attributable to the parties to the contract, this contract shall be rescinded without any cause attributable to the parties. In this case, the seller shall return the purchase price received from the buyer within 15 days from the date of non-permission of the purchase price

(Article 10). (b)

Meanwhile, until January 10, 2016, the Defendant paid the down payment of KRW 720 million to the Plaintiff.

C. On September 5, 2016, after the remainder payment date stipulated in the first sales contract, the Defendant obtained approval of factory construction on September 5, 2016. On November 14, 2016, the Defendant concluded a sales contract with the Plaintiff to invalidate the first sales contract, and entered into a sales contract with the following terms that changed the subject matter of sale and the sales price, etc.

(hereinafter referred to as “the second sales contract”). The subject matter of sale: B and 17 lots (a total area of 13,784m2; hereinafter referred to as “the instant real estate”): 3.267 billion won; and the down payment, as the down payment already paid under the first sales contract (Article 14 of the Special Agreement), the remainder of the down payment paid pursuant to the first sales contract, which is KRW 230 million, shall be stable.

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