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Reasons
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(영문) 서울고등법원 2015.08.19 2014나60028
손해배상
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1. Of the judgment of the court of first instance, KRW 50,00,000 against the Plaintiff and its related thereto, from August 3, 2013 to November 13, 2014 to the Plaintiff.

Reasons

1. Basic facts

A. The Defendant is the owner of the fourth-story commercial housing located in Ansan-gu, Ansan-si C (hereinafter “instant building”).

With respect to the building of this case, the establishment registration of a neighboring mortgage was completed in the name of the Suwon District Court, No. 9289 on September 6, 2006, the maximum debt amount of KRW 481,000,000, and the debtor, a new bank (hereinafter “new bank”) under the name of the debtor.

B. On March 14, 2013, the Plaintiff and the Defendant made a recommendation from E, a licensed real estate agent office (hereinafter “instant office”), to which the Plaintiff purchased the instant building in KRW 875,00,000,000, and KRW 50,000, out of the down payment of KRW 120,000,000 on the day of the contract, the remainder of KRW 70,000 on March 14, 2013, and the remainder of KRW 75,00,000 until May 10, 2013 following the following day, respectively. The Defendant delivered the instant building to the Plaintiff on May 10, 201 and provided documents necessary for the registration of transfer of ownership (hereinafter “the instant contract,” and the said contract, the same shall apply hereinafter).

The main contents of the above contract are as follows:

[Terms and Conditions of Contract] Article 6 (Non-performance of Obligations and Compensation for Damages) If a seller or purchaser fails to perform any of the terms and conditions of this Agreement, the other party may give written notice to the person who has defaulted and rescind the contract.

In addition, the parties to the contract may claim damages from the other party due to the cancellation of the contract, and the contract deposit shall be considered as compensation for damages, unless otherwise agreed.

[Matters of Special Agreement]

3. Seller Account Number: The account number stated in paragraph 3 of the above Special Agreement was modified to “G” on April 9, 2013, as seen in Section 1 F below in Section 1(d).

4. Any loan extended by a bank at the time of balance shall be settled by the seller and the purchaser at the bank;

5. The deposit and rent for lease shall be settled at the time of any balance.

8...

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