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(영문) 서울북부지방법원 2017.12.19 2017가단105088
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On July 2013, the Plaintiff purchased a building of 1,061 square meters for gas stations and 169 square meters for gas stations and three-story buildings on the ground thereof (hereinafter “instant gas station”) owned by Hyundai Myak Bank Co., Ltd. in the name of “C” and had a plan to conduct gas station business.

B. On August 10, 2013, the Plaintiff entered into an advisory contract with the Korea Credit Guarantee Fund and the Korea Occupational Safety and Health Agency to provide the Plaintiff with services to guide the Plaintiff to cover the cost of the cream safety facilities, and paid KRW 1 million. On March 11, 2014, the Plaintiff entered into the second advisory/technical service contract with G and paid KRW 5 million.

C. On February 14, 2014, the Plaintiff concluded a building fire insurance contract between Samsung Fire & Marine Insurance Co., Ltd. and the policyholder, the insured, the Plaintiff’s wife I, and the location of the building, with the gas station in the instant case, and paid two million won as the insurance premium.

On December 31, 2013, the Plaintiff agreed to sell the instant gas station preferentially to the Plaintiff. The purchase price is KRW 1.7 billion. The Plaintiff cannot withdraw the intent to a sales contract for any reason after the conclusion of the agreement, and shall pay 8.5 million won as the deposit to the Modio Bank Co., Ltd. equivalent to 5% of the purchase price. In the event that the Plaintiff is notified of approval for sale by Modio Bank Co., Ltd., the Plaintiff entered into this agreement by December 31, 2013. In the event that the Plaintiff fails to perform its obligation to conclude the contract within the specified period, the Plaintiff paid 8.5 million won to Modio Bank, which is a penalty for breach of contract.

E. On April 2, 2014, Hyundai Lao Bank Co., Ltd. issued a notice to the Plaintiff on April 10, 201, setting the time limit for concluding the instant gas station’s purchase and sale contract as of April 10, 2014. If the Plaintiff did so by the said time limit.

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