(영문) 서울중앙지방법원 2018.01.18 2016가합546833

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(영문) 서울중앙지방법원 2018.01.18 2016가합546833

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Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

Article 3 (Payment Method of Sale Price) (1) The Plaintiff shall pay the purchase price to the Defendant in installments in accordance with the following subparagraphs:

1. Contract deposit: 700,000,000 won - When a contract is concluded, it shall be paid;

2. Balance: Gold 2,830,000,000 won - March 31, 2016;

- Of any balance, 15,000,000 out of the remainder shall be reserved as a security deposit until the Defendant completes follow-up measures relating to the lease of the third floor.

Article 5 (Matters to be Observed by the Defendant and the Plaintiff) (8) The Defendant shall complete construction of defects in the object of sale attached until the balance is paid.

Article 10 (Cancellation of Contracts) (1) In the event that, prior to the implementation of this Agreement, the following grounds arise, the Defendant may rescind this Agreement with written notice to the Plaintiff:

1. The plaintiff has failed to comply with the matters stipulated in this contract and has given notice from the defendant demanding the implementation or correction thereof within a reasonable period (not less than ten days) due to any cause attributable to him, but has failed to comply with it;

(2) The Plaintiff may rescind this contract with written notice to the Defendant where the following causes arise before the contract is implemented:

1. The defendant has failed to comply with the matters stipulated in this contract due to any cause attributable to himself, and has given notice from the plaintiff that he will implement or correct it within a reasonable period (not less than ten days) and has failed to comply with it;

(b)the provisions of this Agreement relating to the assistance in specification of the subject matter of sale shall apply in respect of such assistance.

(3) Where this contract is terminated under the provisions of paragraph (1) of this Article, the down payment under paragraph (1) of Article 3 shall be reverted to the defendant as penalty, and where this contract is terminated under the provisions of paragraph (2) of this Article, the defendant shall pay to the plaintiff an amount equivalent to a double of the down payment as penalty.

The defective construction work of the attached object shall complete the construction work stated in the attached construction statement until the payment of the balance is made.

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