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(영문) 수원지방법원성남지원 2015.10.28 2015가합202236
손해배상(기)
Text

1. The Defendant’s KRW 36,800,000 as well as 20% per annum from April 16, 2015 to September 30, 2015 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On October 19, 2012, the Plaintiff entered into a sales contract with the Defendant on a total of 600 square meters (hereinafter referred to as “the instant land”) out of 3,761 square meters of forest land in Gwangju-si (hereinafter “instant land”) and 1,270 square meters of forest land E owned by the Defendant (hereinafter “instant land 2”), F, and H 50 square meters of forest land owned by the Defendant (hereinafter “instant land 3”), and 600 square meters of the sales price (hereinafter “instant land”). At the time of entering into the sales contract with the Plaintiff, the Plaintiff and the Defendant agreed to regard the down payment as the basis for compensation for damages caused by termination of the contract due to nonperformance as the basis for compensation for damages.

B. The Plaintiff purchased the instant land in order to construct a factory on the instant land. Accordingly, at the time of the instant sales contract, the Plaintiff and the Defendant agreed that “the permission necessary for the construction of Class II neighborhood living facilities (manufacturing Business) on the instant land shall be borne by the Defendant, and the expenses necessary for the civil engineering works on the instant land and the said construction permission shall be included in the instant sales price. The contract amount of KRW 30 million, which is part of the down payment, shall be paid before November 10, 2012, the remainder of the down payment shall be calculated on the date of the contract, the intermediate payment shall be calculated according to the circumstances between the two, and the payment of the remainder shall be made at the same time as the transfer of the name, and the payment after the said permission shall be made.”

C. According to the instant sales contract, the Plaintiff paid 30 million won, part of the down payment, which is the date of the contract, to the Defendant on October 19, 2012, and 20 million won, respectively, on October 26, 2012, and on October 26, 2012, and as part of the purchase price thereafter, paid 62 million won on November 5, 2012, 80 million won on December 1, 2012, and KRW 10 million on December 3, 2012, 200,000 won on December 3, 2012, 200; KRW 28 million on January 18, 2013; KRW 500,000 on June 27, 2013; and KRW 200,000 on August 26, 2013, respectively, shall be paid.

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