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(영문) 서울북부지방법원 2017.08.24 2016가합24110
기타(금전)
Text

1. Defendant B and D Co., Ltd. jointly and severally with the Plaintiff KRW 320,000,000 and Defendant B with respect thereto.

Reasons

In fact, on November 16, 2015, the Plaintiff and Defendant B concluded a sales contract in which the Plaintiff purchased commercial buildings from the Defendant Company (hereinafter “Defendant Company”) with the Defendant Company B (hereinafter “Defendant Company”) (hereinafter “instant sales contract”).

Subject matter: The purchase price of KRW 300,000,000 (payment date: November 16, 2015) - intermediate payment of KRW 70,000 (payment date: November 25, 2015) - The remainder of KRW 100,000 (payment date: payment date: November 25, 2015) - the Defendant Company shall pay to the Plaintiff an amount equivalent to 10% of the purchase price where the contract is cancelled due to the instant sales contract in violation of the instant sales contract (hereinafter referred to as “compensation for breach of the instant sales contract”).

At the time of the instant sales contract, Defendant C jointly and severally guaranteed that the Plaintiff “joint and several surety has the same performance as to the seller’s performance in the sales contract.”

On November 16, 2015, the Plaintiff paid the Defendant Company KRW 130,000,000 as the down payment, and KRW 70,000,00 as the intermediate payment on November 26, 2015.

The Plaintiff and Defendant Company agreed to cancel the instant sales contract on July 6, 2016 (hereinafter referred to as the “instant agreement”); and (1) returned KRW 200,000,000,000 to the Plaintiff by July 7, 2016; and (2) paid KRW 120,000,000 as penalty by August 15, 2016 (hereinafter referred to as “ penalty for breach of contract under the instant agreement”).

On July 6, 2016, Defendant D jointly and severally guaranteed KRW 320,00,000,000 in total, and the penalty for breach of contract, as well as KRW 120,000,00 in total, to the Plaintiff.

[Reasons for Recognition] The plaintiff, defendant company, and D: The Civil Procedure Act to recommend confessions.

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