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(영문) 대전지방법원 2017.05.11 2015가단41135
손해배상(기)
Text

1. The Defendant’s KRW 26,00,000 as well as 5% per annum from November 24, 2015 to May 11, 2017 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On August 3, 2014, the Defendant entered into a contract with the Plaintiff to sell the Seo-gu Daejeon Building 203 (hereinafter “instant real estate”) owned by the Defendant. D, his/her husband and wife, preparing a sales contract with the Plaintiff, entered his/her name in the seller’s column.

B. The terms and conditions of a sales contract made on August 3, 2014 are as follows:

Article 1 In regard to the sale of the above real estate, the seller and the buyer shall pay the purchase price by agreement as follows:

The purchase price of KRW 360 million shall be paid at the time of the contract, the intermediate payment of KRW 26 million shall be paid on August 9, 2014, and the balance KRW 324 million shall be paid on September 19, 2014.

Article 5 The seller shall compensate for a double the sum of the down payment, and the buyer may waive the down payment and rescind this contract until the buyer pays the intermediate payment (if there is no intermediate payment agreement, the remainder).

Article 6 In the event of default on obligations under this Agreement, the seller or the buyer of the contract may notify in writing the other party who has defaulted on obligations, and may cancel the contract if the other party has failed to perform the obligation.

In such cases, the seller and the buyer may claim damages from the other party respectively, and the standards of Article 5 shall apply unless otherwise agreed on the damages.

C. The Plaintiff paid 36 million won in total to the Defendant as down payment and intermediate payment.

Since then, there was a dispute between the Plaintiff and the Defendant regarding the implementation of the contract, and the Plaintiff filed a lawsuit against the Defendant and D, such as the return of intermediate payment, etc., by this Court 2014da43615.

On May 1, 2015, the following adjustments were established in the above 2014da43615.

1. The Plaintiff and Defendant B confirmed that the sales contract concluded on August 3, 2014 with respect to the instant real estate is valid.

2.(a)

The Plaintiff’s purchase price to Defendant B until June 15, 2015 is 36.6 billion won.

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