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(영문) 창원지방법원밀양지원 2019.06.19 2018가단12829
손해배상(기)
Text

1. The Plaintiff:

A. Defendant B: (a) from October 19, 2018, 40,000 won and its related thereto:

B. Defendant C shall be KRW 20,000,000; and

Reasons

1. The assertion and judgment

A. In full view of the purport of Gap evidence Nos. 1 and 3 as to the cause of the claim and the entire arguments, the plaintiff purchased the land, etc. from Defendant B to Defendant B on April 4, 2018, and paid KRW 20 million to Defendant B as a down payment. On the same day, the plaintiff purchased the said F land, etc. from Defendant C, and paid KRW 10 million to Defendant C as a down payment. The plaintiff purchased the said G land, etc. from Defendant D on April 11, 2019, and paid KRW 8 million as the down payment (hereinafter “instant contract”) and the defendants, etc. sold the land, etc. subject to the instant contract to H, and the Defendants, etc. sold the land subject to the instant contract to Defendant C as the down payment (hereinafter “instant contract”).

7. 11. The fact that the registration of ownership transfer has been completed in the H as to the above land, and that the seller of the instant contract states that he/she shall reimburse the sum of the down payment as a penalty when he/she breaches the instant contract.

According to the above facts, the contract of this case was impossible to be performed due to the reasons attributable to the defendants, and the defendants are obligated to pay the plaintiff the amount of the down payment and the damages for delay with the penalty unless there are special circumstances.

B. The Defendants asserted that the judgment of the Defendants’ assertion was null and void since the instant contract was concluded on behalf of both parties of I.

However, it is not sufficient to recognize the fact of acting both parties only with the statement of No. 1, and there is no other evidence to acknowledge it.

Therefore, the defendants' arguments are not accepted.

C. Accordingly, according to the conclusion of the lawsuit, Defendant B’s claim against the Plaintiff: (a) from October 19, 2018, which was the day following the day when the instant complaint was served on Defendant B by means of penalty for breach of contract; and (b) Defendant C’s claim against KRW 20,00,000,000, which is the double of the down payment as penalty, and the following day after the instant complaint was served on Defendant C by means of penalty.

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