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(영문) 광주지방법원순천지원 2015.10.08 2015가합12117
손해배상(기)
Text

1. The Defendant: 5% per annum from May 13, 2015 to October 8, 2015 with respect to each of the Plaintiffs’ KRW 6,66,66, and each of the said money.

Reasons

1. Basic facts

A. On August 18, 2014, the Plaintiffs entered into the instant sales contract (hereinafter “instant land”) with the Defendant and each real estate listed in the separate sheet (hereinafter “instant land”).

A) The sales contract to purchase the purchase price of KRW 4,356,800,000 (hereinafter “instant sales contract”) is deemed to be the sales contract.

(2) As to the payment date of the purchase price, the Plaintiffs and the Defendant: (a) concluded a contract with the intermediate payment of KRW 1,670,000,000; (b) the intermediate payment of KRW 2,256,80,000 until August 18, 2014; and (c) paid the remainder of KRW 2,256,80,000 by November 17, 2014; (b) on behalf of the Plaintiff and the Defendant as the intermediate payment of the secured debt for the Bank of Gyeongnam-nam, Gyeongnam, a party to the contract with the buyer at the same time with the contract and with the payment of KRW 2,00,000,000,000 for the remainder of the purchase price (Article 2 of the special agreement). The other party to the contract or the buyer’s default may give written peremptory notice and rescind the contract as a basis for compensation for damages.

(3) The Plaintiffs paid KRW 430,00,000 to the Defendant on the date of the conclusion of the said contract. (2) The Defendant’s peremptory notice of performance and the cancellation of the contract 1) on November 27, 2014, with the content that “if the remainder is not paid by November 30, 2014, the contract is terminated as of November 30, 2014, and the interest on down payment and bank-mortgage is known to be a seller, the contract shall be terminated as of November 30, 2014 without any separate notice.”

(2) On November 27, 2014, Plaintiff A sent a reply to the effect that the remaining part of the balance is not prepared, but it is no longer prepared, and that the same is different from the early payment.

3. On March 11, 2015, the Defendant notified the Plaintiffs of the cancellation of a sales contract as it did not perform any balance by November 30, 2014.

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