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(영문) 서울중앙지방법원 2019.11.06 2019가합543859
손해배상 청구의 소
Text

1. The Defendant’s KRW 115,00,000 as well as 5% per annum from June 12, 2019 to November 6, 2019 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a person running a sales agency business, real estate execution and development business while operating C, and the Defendant is a person who owns a D large scale of 192.3 square meters and above ground buildings (hereinafter “instant real estate”).

B. On June 28, 2016, the Plaintiff entered into a land purchase consulting service contract with E Co., Ltd. (hereinafter “E”) with respect to a new housing project on a lot of land in the F Special Planning Zone including the instant real estate, but the implementation of the project was difficult due to E’s circumstances. On September 1, 2016, the Plaintiff entered into the said land purchase consulting service contract with G Co., Ltd. (hereinafter “G”).

With respect to G’s “F Special Planning Zone Primary Complex Development Project”, the Plaintiff shall purchase all private land and buildings within the project zone within the limit of the purchase cost of KRW 100 billion in total, within 60 days from the contract date, and G shall pay the amount calculated by subtracting the purchase cost of land and buildings from the above KRW 100 billion as the consulting service cost.

C. On September 27, 2016, the Plaintiff drafted a sales contract on the instant real estate with the Defendant (hereinafter “instant sales contract”); the main contents are as follows; and the buyer’s column includes “C”, the Plaintiff’s trade name.

Article 1 (Purpose) of the Terms and Conditions of the Contract is a sales contract aiming at the construction of multi-family housing. For the sale of the real estate in Article 2 (Sale Price), the seller and the buyer are to pay the purchase price as follows by agreement:

KRW 2,300,000 down payment of KRW 230,000,000 is to be paid and received in lump sum when 80% of the total area of the site subject to business is affixed and sealed.

(b) to pay any balance of 2,070,000,000 won within 15 days after enforcement of the PF.

b.Article 7 (Non-performance of Obligations and Compensation for Damages) If the seller or buyer has defaulted on the terms and conditions of this Agreement, the other party.

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