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(영문) 의정부지방법원 2018.04.11 2017가단6634
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

B. The Plaintiff agreed to purchase a multi-family house (hereinafter “instant house”) at KRW 1.28 billion, on the basis of the payment method of the purchase price, with the payment method of the purchase price, KRW 20 million on the date of the contract, KRW 10 million on November 2, 2016, KRW 80 million on January 30, 2018, and KRW 250 million on the remainder of the loan, KRW 830 million on January 30, 2018, and that the Plaintiff succeeds to the remainder of the loan amount of KRW 250 million and KRW 830 million on deposit.

(hereinafter “instant sales contract”). B.

The main contents of the instant sales contract are as follows.

* If the seller or the buyer has failed to perform the contractual obligations under this Agreement, the other party may demand in writing that the person who has failed to perform the contractual obligations be notified and rescinded.

In addition, the parties to the contract may claim the other party for damages arising from the termination of the contract, and the contract deposit shall be considered as the basis for compensation for damages unless otherwise agreed on (Article 6). * Special Agreement (Article 4), and the intermediate payment shall be paid directly by receiving the security

(A) The loan provided shall be paid in full with the remainder of 2.5 million won of the loan provided by the Depository. * Under the terms and conditions of a special agreement (Article 1), the purchaser shall receive the loan from the Bank by offering the instant house as security, and the seller shall cooperate.

C. Meanwhile, the Plaintiff paid 20 million won to the Defendant as the down payment on the day of the above sales contract.

[Ground for recognition] The fact that there is no dispute, Gap's evidence No. 3, and the purport of whole pleading

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion was that the Plaintiff refused to verify the lessee, which is an essential requirement for receiving a loan, even though the Defendant agreed to cooperate in obtaining a loan from the bank, and the Plaintiff failed to pay an intermediate payment on the part of the Plaintiff.

The Plaintiff rescinded the instant sales contract in violation of the Defendant’s duty to cooperate under the above special agreement.

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