(영문) 부산지방법원 동부지원 2018.01.09 2017가단205747

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(영문) 부산지방법원 동부지원 2018.01.09 2017가단205747

손해배상(기)

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is an executor who newly constructed and sold a Dtel on the ground of Busan Southern-gu C.

B. On June 24, 2015, the Plaintiff entered into a supply agreement with E on the sales of officetel units 506, 507, 508, 515, 516, 618, 622, 720, and 722 (hereinafter collectively referred to as “each of the instant officetels”), among the parts related to the instant case, are as follows.

The seller "A", the buyer and the buyer shall be "B", and the office trust Korea shall be "A" and "A" shall be "A".

Article 2 (Cancellation of Contract) (1) A may cancel this contract when B has committed any of the following acts:

2. Where the balance is not paid within two months from the expiration date of occupancy, and a grace period of not less than 14 days has not been set and notified not less than twice or more, (5) Where this contract is terminated or terminated, loans have been granted from financial institutions under Article 13, Eul shall repay the principal and interest of loan to the lending institution, and Gap shall refund the balance after deducting the principal and interest of loan (including the interest borne by Gap under Article 13), penalty under Article 3 and late payment charges under Article 6 from the supply amount to be returned to Eul first.

Article 3 (Penalty) (1) When this contract is terminated for reasons falling under each subparagraph of Article 2 (1) and (3), 10% of the total amount of supply price shall revert to A as penalty for breach of contract.

Article 4 (Transfer, Acquisition, etc. of Contracts) (2) Transfer/acquisition of contracts shall be governed by the approval and conditions of Gap and Byung.

(3) The transfer or takeover of a contract under paragraph (2) shall be limited to cases where the transferee performs the obligation to Gap and the transferee decides to succeed to the obligation under this contract at the time of application for approval, and any person who takes over a loan from a financial institution for the above indication property from the financial institution shall also have the evidence

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