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(영문) 서울중앙지방법원 2018.10.18 2017가단5005726
손해배상(기)
Text

1. The plaintiff's main claims against the defendants are all dismissed.

2. Defendant B and C shall jointly and severally file for the Plaintiff 68.

Reasons

1. Facts of recognition;

A. The Plaintiff, as the representative director of the E Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”), found adequate land for the Plaintiff’s business of return to farming and fishing village, etc., and the Plaintiff’s agent was divided into K on September 18, 2015 into KRW 260,430 (hereinafter “instant one land”). The Plaintiff’s total payment of KRW 160,430 (hereinafter “instant one land”). The Plaintiff’s total payment of KRW 160,430 (hereinafter “the instant two land”). The Plaintiff’s total payment of KRW 160,430 (hereinafter “the instant two land”). The part indicated in the attached Form(2) and the Defendant C’s total payment of KRW 160,000 (hereinafter “the intermediate payment of KRW 160,000), among the J land purchased from Nonparty I Co., Ltd. (hereinafter “non-Party clan”) and the intermediate payment of KRW 161,000,000,000).

B. Article 5 of the sales contract of this case states that "the seller shall compensate for the amount double the down payment at the time of the termination of the contract, and the buyer shall not waive the down payment and make a claim for refund at the time of the termination of the contract (hereinafter "the penalty clause of this case"), and Paragraph 1 of the special agreement states that "one billion won out of the balance of the sales price shall be paid in cash, and the seller and the buyer shall enter into the contract in cash at the agreement between the seller and the buyer, but the sales price of this contract shall be reduced to 60 million won (including the contract amount), not the actual purchase price (including 1.6 billion won), and Paragraph 2 of the special agreement states that "the seller shall promise to enter into the so-called multi-line contract at the time of the settlement of the land of this case after the conclusion of the contract of this case."

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