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(영문) 인천지방법원 2017.03.21 2016가단228078
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On December 14, 2015, the Plaintiff entered into a sales contract with the non-party corporation Construction (hereinafter “non-party corporation”) with respect to the sales price of KRW 270,010,00 (the contract price of KRW 27,001,00 (the contract price of KRW 243,09,000) and the balance of KRW 243,009,000 (one day of payment) with respect to the officetel 202,408 (hereinafter “the instant officetel”) in Yeonsu-gu Incheon (hereinafter “the instant officetel”). At that time, the non-party company directly discounted the amount equivalent to 6.91% of the sales price of the above officetel that was not sold for a long time and guaranteed 600% loans (based on the fixed interest rate of KRW 3.5% x 3 years) with the interest rate of KRW 300,000, 3070, 2709, 307.

(hereinafter “instant sales contract”). B.

On December 14, 2015, the Plaintiff paid 27,000,000 won to the non-party company as contract deposit.

C. Defendant B Blue Co., Ltd. (hereinafter “Defendant Company”) is a sales agent for the instant officetel, and Defendant B is a licensed real estate agent for the instant officetel.

The Plaintiff did not pay any balance of KRW 207,340,679 to the non-party company until January 29, 2016, which was the due date, and thereafter, if the Plaintiff did not pay any balance from the non-party company by June 13, 2016, the sales contract in this case is cancelled and the Plaintiff is liable to pay a penalty equivalent to the down payment.

'' did not comply with the notification even if it was notified.

E. The instant sales contract was rescinded on June 14, 2016, and KRW 27,00,000 already paid by the Plaintiff was reverted to the Nonparty Company as a penalty for negligence.

[Grounds for recognition] Unsatisfy, A No. 1.

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