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(영문) 서울중앙지방법원 2017.05.26 2016가합546185
손해배상(기)
Text

1. As to the Plaintiffs’ KRW 78,389,734 and KRW 500,00,00 among them, Defendant (Appointed Party) shall start on November 20, 2015.

Reasons

1. Basic facts

A. The Plaintiffs and NaNp, Inc. (1) The Plaintiffs entered into a sales contract between the Plaintiffs and NaNp, respectively, on November 29, 2014 and December 3, 2014, respectively.

From the perspective of Seoul Seocho-gu Seoul International Commercial Building No. 102-1, 2, 103-1 (hereinafter “each of the stores of this case”)

B) The contract under which the Plaintiff C wishes to purchase 102-1 in 981,948,666 won, Plaintiff B’s 102-2 to 981,948,666 won, and Plaintiff A’s 103-1 to 820,000,000 won (hereinafter “each sales contract of this case”).

(2) The Plaintiffs concluded the instant sales contract with Nonparty Company: (a) 10% of the sales price as the down payment; (b) 10% of the sales price as the first intermediate payment by December 15, 2014; and (c) 15% of the sales price as the second intermediate payment by January 20, 2015; and (b) 15% of the sales price as the third intermediate payment by March 20, 2015; and (c) 50% of the sales price as the balance on the designated date of each occupancy; and (d) the Plaintiffs paid the Nonparty Company the down payment and the first intermediate payment for each of the instant stores in accordance with each of the instant sales contract. (b) The Plaintiffs received loans from Suwon Bank, a financial institution designated by Nonparty Company, and paid the second and third intermediate payment by the second and third intermediate payment.

3) Article 8(3) of the instant sales contract provides for the succession to rights and duties, and the transfer and acquisition of rights and duties, and penalty for breach of contract under Article 13. The details thereof are as follows. The main contents of each sales contract of this case are as follows. Article 8 [Succession to Rights and Duties, and Transfer and Acquisition ① hereinafter “Plaintiffs”).

"The rights and obligations under this Agreement" and "the instant executor" hereinafter referred to as "the instant executor."

It shall be transferred after obtaining approval of the "limited real right" and shall not be used for the purpose of the limited real right.

2. As to the succession of rights and obligations under this Agreement, the instant executor, “Sick Asian Trust Co., Ltd., submitting the documents required by him/her, and the transferor and transferee shall also do so.

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