(영문) 인천지방법원 2014.12.11 2013가합20751

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(영문) 인천지방법원 2014.12.11 2013가합20751

손해배상(기)

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1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On June 16, 201, the Plaintiff entered into an exchange contract with the Defendant for the exchange of C 401 and D (hereinafter “C 401 and 402”) with the Defendant’s strengthening-gun, Incheon (940 square meters), F (32 square meters), and G (50 square meters in equity) owned by the Plaintiff (hereinafter “instant exchange contract”). The main contents are as follows.

Details of the contract.

1. Upon entering into the instant exchange contract, the parties to the contract will pay the difference of exchange as follows, under their agreement:

Exchange difference: 20,000,000 down payment: The remainder of KRW 20,000: 20,000,000: the Defendant pays to the Plaintiff as the loan occurred on June 30, 201, and exchange both documents on the transfer of ownership.

2. The plaintiff and the defendant shall deliver to the other party all documents concerning the transfer of ownership and other rights at the same time as the balance of the exchange difference is received, and when the exchange difference does not occur, they shall exchange all documents on the date of exchange of goods.

3. As of the payment date of various taxes, public charges, etc., the Defendant bears the burden on the Defendant’s goods, and the Plaintiff’s goods.

4. One of the parties to a transaction shall compensate the other party for the amount calculated by dividing the contract amount, and the principal may waive the contract deposit and rescind this contract before he/she pays the intermediate payment (if there is no advance payment agreement, any balance);

5. If the plaintiff and the defendant have any default under this contract, either of the parties to the contract may notify in writing the other party who has defaulted of the performance and may rescind the contract if the other party has failed to perform it.

In such cases, the plaintiff and the defendant may respectively claim damages against the other party, and Article 4 shall apply unless there is a separate agreement on damages.

Matters of special agreement

1. The plaintiff succeeds to the defendant's loan 235,00,000 won.

2. The defendant is 40.40.

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