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(영문) 대구지방법원안동지원 2016.09.08 2015가합3621
손해배상(기)
Text

1. The Defendant: 5% per annum from December 1, 2015 to September 8, 2016 for each of the Plaintiffs’ KRW 93,341,00, and each of the said money.

Reasons

1. The following facts can be acknowledged in full view of the following facts: Gap evidence 1 to 5, Gap evidence 6-1, Eul evidence 7-3, 4, 5, Eul evidence 1, Eul evidence 5-1, Eul evidence 5-1, 9, 10, 13, Eul evidence 10, 12, 14, Eul evidence 15-1, 2, Eul evidence 15-2, witness D's testimony, fact-finding and the whole purport of the arguments.

E and the defendant 1) The defendant entered into a sales contract for E and the defendant 1) on June 24, 2015, the 1,919 square meters before the permanent residence of E on June 24, 2015 (hereinafter “instant land”).

) A sales contract which sells 360 million won (=contract amount of KRW 30 million + 330 million + 30 million) (hereinafter “advance sales contract”) to the extent that the sales contract is made (hereinafter “advance sales contract”).

(2) On July 3, 2015, the Defendant’s representative director G calls to E on August 3, 2015 and called “a prior sales contract will be reversed.” An account number to send down payment is known.”

Accordingly, at around 11:50 on the same day, E informed G of its account number through text messages, and the Defendant paid KRW 30 million to E on the same day at around 12:04 on the same day.

Accordingly, around 12:14 of the same day, E stated to the effect that it should be paid KRW 60 million, including penalty of KRW 30 million, because of the Defendant’s unilateral termination of contract, and G stated to the effect that “E would wait until E will pay in full the purchase price of the preceding sales contract, since it has mistakenly understood that the above-mentioned account number was consented to the cancellation of the prior sales contract.”

B. On August 3, 2015, in order to operate a factory by establishing a social enterprise on the instant land, the Plaintiffs, including the Plaintiff and the Defendant’s conclusion of the sales contract and the dispute between E and the Defendant, consulted on the purchase of the instant land with G representing the Defendant and the Defendant under the brokerage of D, and around August 4, 2015, around 10:50, as down payment, KRW 60 million to the Defendant.

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