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(영문) 인천지방법원 2020.11.13 2020가합52459
손해배상(기)
Text

The defendant's KRW 400,000,000 and its relation to the plaintiff shall be 5% per annum from December 31, 2019 to November 13, 2020.

Reasons

1. Basic facts

A. On July 9, 2019, the Plaintiff concluded a sales contract with the Defendant to purchase the purchase price of KRW 2,850,000,00 from the Seo-gu Incheon, Seo-gu, Incheon (hereinafter “instant real estate”) and its ground buildings (hereinafter “instant real estate”). The main contents are as follows, and D signed and sealed the instant sales contract as the seller’s guarantor.

Article 1 (Purpose of Article 1 (Purpose) of the Seo-gu Incheon Metropolitan City, Seo-gu, Incheon Metropolitan City, where real estate is indicated, the Defendant and the Plaintiff shall pay the purchase price in accordance with an agreement as follows with regard to the sale of the above real estate, with regard to the structure and use of buildings the area of site ownership of which is 81.5 square meters wide, and the size

The purchase price of KRW 2,850,000,000 for down payment of KRW 200,000 shall be paid and received at the time of the contract. KRW 200,000 for the receiver's intermediate payment of KRW 200,000 shall be paid on September 3, 2019, and any balance of KRW 450,000,000 shall be paid on the date of registration and on the date of loan enforcement in 2020.

Article 5 (Cancellation of Contract) Before the Plaintiff pays the intermediate payment (if there is no intermediate payment), the Defendant shall pay a double of the down payment, and the Plaintiff may waive the down payment and rescind this contract.

Article 6 (Non-performance of Obligations and Compensation for Damages) If the defendant or the plaintiff has defaulted on the terms and conditions of this Agreement, the other party may notify in writing 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 contract respectively, and the contract deposit shall be considered as compensation for damages, unless otherwise agreed.

Matters of special agreement

6. Seller D will provide a performance guarantee for the above sale and purchase transaction.

7. If the owner of the real estate for the purpose is changed to D before the balance is received, he shall succeed to the rights and obligations that the defendant bears.

8. The Nonghyup ED’s consent to deposit of down payment.

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