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(영문) 서울남부지방법원 2014.01.14 2013가합12489
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. Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a corporation engaged in a business relating to the sale of housing, the sale of real estate, and the lease of real estate, and Defendant C is the representative director of the Defendant Company, and Defendant D is the father of Defendant C and the actual operator of the Defendant Company.

B. On July 17, 2012, the Defendant Company entered into a sales contract (hereinafter “instant sales contract”) with respect to the purchase price of KRW 39.5 billion with respect to the non-real estate trust corporation (hereinafter “K non-real estate trust”) and the non-resident E, Northbuk-gu, and KRW 106,505 square meters (hereinafter “instant real estate”) on the condition that the purchase price shall be KRW 39.5 billion, and the down payment of KRW 3.551 billion shall be replaced with the subscription price, and the remainder of KRW 3.555 billion (hereinafter “the remainder of this case”) shall be paid on October 15, 2012 (hereinafter “the instant sales contract”).

Around October 10, 2012, Defendant Company requested K non-real estate trust to extend the outstanding payment date of the instant case to November 2, 2012. As K non-real estate trust accepted it on October 16, 2012, the outstanding payment date was extended on November 2, 2012.

Around January 23, 2013, the Defendant Company did not pay the remainder at the time of the remainder payment. Around November 3, 2012, the Defendant Company sent to the Defendant Company a written statement stating that the Defendant Company’s application period for liquidated damages is changed to 7% per annum from November 3, 2012 to the payment date of the remainder.

C. On February 4, 2013, the K non-real estate trust notified the Defendant Company that the instant sales contract will be terminated on the grounds that the instant balance remains unpaid.

On February 28, 2013, the Plaintiff entered into a contract with the Defendant Company on the acquisition of the instant real estate purchase right to the instant real estate trust (hereinafter “instant purchase right transfer contract”) with the following terms, and paid to the Defendant Company KRW 400 million on February 28, 2013 and KRW 200 million on March 15, 2013, respectively.

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