(영문) 전주지방법원 2018.11.09 2016나8070 | 리걸엔진

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(영문) 전주지방법원 2018.11.09 2016나8070

손해배상(기)

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1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On August 27, 2015, the Plaintiff (seller) and the Defendant (Buyer) concluded a sales contract by setting the sales amount of KRW 1.3 billion with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”).

(A) According to the instant sales contract, KRW 100,000,000,000,000 (a total of KRW 1.18883,00,000,000,000,000,000,000,000 won for the contract) was to pay the remainder until November 30, 2015. The main contents of the instant sales contract are as follows.

However, the above down payment amounting to KRW 100 million should be paid at the time of the contract, however, it is decided to substitute it with a loan certificate and return it to the defendant when the full payment of the purchase price was completed after the plaintiff possessed and stored it.

Accordingly, on August 27, 2015, the Defendant issued a certificate of loan (Evidence A 4, 2015; hereinafter “the instant certificate of loan”) stating that “the payment period of KRW 100 million from the Plaintiff shall be determined on November 30, 2015 with no interest, with the maturity of the payment period,” and provided that the seller shall deliver all documents necessary for the registration of transfer of ownership to the buyer at the time of receipt of the balance of the purchase price and cooperate with the registration procedure, and the delivery date of the said real estate shall be November 30, 2015. The date of delivery of the said real estate by the buyer shall be November 30, 2015. If the buyer pays the intermediate payment (if there is no intermediate payment), the seller shall reimburse the amount of the down payment and the buyer may waive the said contract. Article 6 (In the event of a default and a seller or buyer’s default with respect to the terms and conditions of this contract, the other party may notify the default in writing and rescind the

In addition, the parties to the contract may claim damages from the other party due to the cancellation of the contract, and the down payment shall be made unless otherwise agreed.

유사 판례

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-광주지방법원 2017.08.17 2016가합59077

-대구지방법원 2015.06.16 2014가단23710