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(영문) 수원지방법원안산지원 2014.11.13 2013가합5012
손해배상
Text

1. The Defendant’s KRW 170,000,000 for the Plaintiff and 5% per annum from August 3, 2013 to November 13, 2014.

Reasons

1. Facts of recognition;

A. The Defendant is the owner of the fourth-story commercial housing located in Ansan-gu, Ansan-si C (hereinafter “instant building”).

With respect to the building of this case, the Suwon District Court rendered the receipt on September 6, 2006, No. 92889, the establishment registration of the mortgage in the name of the debtor, a new bank (hereinafter referred to as the "new bank") with the maximum debt amount of 481,00,000,000 won (the secured debt amount of 370,000,000), was completed.

B. On March 14, 2013, the Plaintiff and the Defendant concluded a sales contract with the Plaintiff to deliver the instant building to the Plaintiff and to provide documents necessary for the registration of transfer of ownership (hereinafter referred to as “instant contract”) on May 10, 2013, with the recommendation of E, and the Plaintiff purchased the instant building in KRW 875,000,000. The down payment of KRW 120,000,000, the remainder of KRW 755,000,000, up to the following day of the contract, and the Defendant concluded a sales contract with the Plaintiff to deliver the instant building to the Plaintiff and to provide the documents necessary for the registration of transfer of ownership (hereinafter referred to as “instant contract”).

The Plaintiff and the Defendant agreed to the effect that, in the event of cancellation of the contract, the contract deposit shall be deemed as the basis for compensation for damages unless otherwise agreed upon (Article 6), and that, as a special agreement, the term “the bank loan at the time of payment shall be settled by the seller, the purchaser’s bank loan shall be settled by the bank (Article 4),” “the lease deposit and rent shall be settled at the time of balance (Article 5),” and “the rooftop (five-story) shall be used by the seller until the termination of the civil judgment (Article 6

C. The Plaintiff paid the Defendant the sum of KRW 120,00,000 as down payment, KRW 50,000,000 on March 14, 2013, and KRW 70,000 on March 15, 2013, and KRW 120,000,000 on a total. From March 29, 2013 to April 4, 2013, the Plaintiff performed interior works on KRW 401 among the instant buildings.

On April 9, 2013, the Plaintiff and the Defendant changed the balance payment account from the account (Account Number: F) stated in the instant contract to another account requested by the Defendant (Account Number: G BankF), and the remainder payment date also from May 10, 2013 to April 10, 2013.

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