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(영문) 창원지방법원 통영지원 2021.02.16 2020가합144
위약금 등
Text

1. On the part of the Plaintiff (Counterclaim Defendant):

A. Defendant (Counterclaim Plaintiff) filed on April 30, 2019 with respect to each of the KRW 16,000,000 and each of the said money.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Facts of recognition

On October 6, 2018, the Plaintiff entered into a sales contract with Defendant B Co., Ltd. (hereinafter “Defendant B”), Defendant C, D, E, and the Plaintiff, each of the real estate listed in the table below (hereinafter “instant real estate”; and the real estate Nos. 1 once in the end, was sold for KRW 900 million (hereinafter “instant sales contract”); on the date of the contract, the Plaintiff entered into a sales contract with KRW 100 million, the intermediate payment of KRW 100 million on November 20, 2018, and the Defendants were paid the remainder of KRW 700 million after obtaining permission.

Since each land Nos. 2, 5, and 6 was merged with the No. 9, the registered matters were transferred to the entire certificate of registration of the land No. 9 on January 7, 2019, and the land No. 10 on the end was transferred to the entire certificate of registration of the land No. 8 on the same day as the land was combined with the land No. 8.

The area on which the land category is registered (2018), 1, 4,131 square meters, 2, 3, 2, 2, 35 square meters, 2, 3, 2, 33, 2, 2, 1, 3, 3, 3, 3, 3, 4, 562 square meters, 562, 4,00 m2, 1,000,00,000,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000,00,00,00,00.

“......”

Defendant B paid KRW 100 million to the Plaintiff, but the intermediate payment was not paid by November 20, 2018, when the intermediate payment was made. Accordingly, the intermediate payment is paid KRW 50 million for damages that failed to comply with the time limit for the intermediate payment, and the intermediate payment is made by November 30, 2018.

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