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Reasons
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(영문) 대전지방법원 2016.07.21 2015가합104873
약정금
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Presumed facts

A. On January 28, 2013, the Plaintiff concluded a sales contract (hereinafter “instant sales contract”) with C (hereinafter “C”) to purchase KRW 71,367,620 from C (hereinafter “instant sales contract”), and to pay the remainder of KRW 71,136,760 at the time of entering into the contract the sales contract with C (hereinafter “instant sales contract”) of KRW 177,841,90,90,000,000 for an intermediate payment of KRW 82.32,000,000 for public use, and KRW 62,000 for a contract area of KRW 144.5976,00 for a contract area of KRW 41.16,00,000 for an intermediate payment of KRW 177,841,90,00 on March 28, 2013; and each of the intermediate payment of KRW 17,81,90,746,07

B. On January 31, 2013, the Plaintiff concluded a sales contract with the Defendant to sell the instant commercial building at KRW 1.05 billion (hereinafter “instant resale contract”), and agreed to pay KRW 100 million from the Defendant the down payment on the same day, and KRW 320,137,500 from the first intermediate payment on March 28, 2013, which is the date of the first intermediate payment of the instant sales contract, to pay KRW 300 million from the second intermediate payment on June 28, 2013, which is the date of the second intermediate payment of the instant sales contract, to the salesroom’s account.

The Plaintiff paid C the down payment of KRW 71,136,760 on the day of the instant sales contract.

C. On January 31, 2013, the Defendant stated that the Plaintiff succeeds to all rights and obligations of the Plaintiff under the instant sales contract.

On March 28, 2013, the Defendant failed to pay the first intermediate payment to the Plaintiff. On May 14, 2013, the Plaintiff and the Defendant concluded a modified contract to deposit the second intermediate payment into the account designated by the Plaintiff (hereinafter “amended contract”) with the head of a corporation designated by the Plaintiff on May 20, 2013. The KRW 1.5 million out of the second intermediate payment KRW 300 million was the general account designated by the Plaintiff on August 10, 2013, and the remainder of KRW 1.5 million out of the second intermediate payment was confirmed within two months after the completion of the building.

E. However, the defendant's side is the date of the first intermediate payment under the modified contract.

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