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(영문) 대전지방법원 서산지원 2018.07.18 2017가단53694
손해배상(기)
Text

1. The Defendants jointly share KRW 35,000,000 for each of the Plaintiffs, and as to this, from August 21, 2017 to September 6, 2017.

Reasons

1. Facts of recognition;

A. On August 5, 2016, G Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) and Defendant C’s office, a certified judicial scrivener, entered into a sales contract (hereinafter “instant sales contract”) with the Plaintiff’s co-ownership (each of the instant lands) of 64,93 square meters and 871 square meters in F salt farm (hereinafter “each of the instant lands”). The Plaintiffs entered into a sales contract with G Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) on the part of the Plaintiff, and the contents relating to the instant case are as follows.

(1) The purchase price shall be KRW 2,587,650,000, and the down payment of KRW 258,765,000 shall be paid on August 5, 2016 (each of 129,382,50 won was paid to the Plaintiffs’ account on the same day), any balance 2,328,185,00 won shall be paid until September 8, 2016.

(2) Where any ground exists to restrict the exercise of ownership, such as mortgage, superficies, lease, etc. created on each of the land of this case, a seller shall transfer full ownership by removing the burden, etc. by the

(3) In the event of the seller’s breach of contract of this case, the seller shall compensate for the amount of the down payment with the penalty, and the buyer shall waive the down payment and not claim the return thereof at the time of the termination of contract.

(4) If a seller or a purchaser suffers any loss due to the failure of the other party to perform his/her duties, he/she may claim damages from the other party, apart from the penalty.

(Article 7). (b)

On September 9, 2016, Nonparty Company notified the Plaintiffs of the cancellation of the instant sales contract and the payment of penalty on the grounds that the Plaintiffs violated Article 4 of the instant sales contract. The Plaintiffs and Nonparty Company agreed to return the down payment received by the Plaintiffs through Defendant D, who is an employee of Defendant C, to Nonparty Company and to cancel the instant sales contract.

C. According to the agreement to cancel the agreement, on September 22, 2016, Plaintiff A remitted KRW 200 million out of the down payment of the instant sales contract to the Defendant C’s account. Defendant D wired KRW 200 million to H’s account, which is his own seat, on the same day.

The non-party company is a non-party company on 2016.

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