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(영문) 대구지방법원 2018.06.21 2016가합3533
손해배상(기)
Text

1. The Defendant: (a) KRW 200 million to the Plaintiff; (b) KRW 5% per annum from November 7, 2016 to June 21, 2018; and (c).

Reasons

1. Basic facts

A. On September 6, 2016, the Plaintiff purchased real estate listed in the separate sheet owned by the Defendant (hereinafter “instant real estate”) as indicated in the separate sheet owned by the Defendant, which is used as the Defendant’s residence, for KRW 1,000,000,000,000 for the purchase price. Of the above purchase price, KRW 30,000,000,000,000 on the date of the contract, and KRW 7,000,000 on the following day, the intermediate payment of KRW 20,000,000 on September 13, 2016, the remainder payment of KRW 750,000 shall be paid on November 30, 2016, and the remainder of KRW 58,000,000,000,000,000,000,000,000 for the remainder of the lease deposit and the remainder of the lease deposit for each of the instant buildings.

(2) The Plaintiff paid 10 million won out of the intermediate payment on the same day to the Defendant, respectively, on September 7, 2016, as the down payment under the instant sales contract.

B. At the time of the conclusion of the instant sales contract, the Defendant: “At the time of the conclusion of the instant sales contract, the Defendant: (a) leased the instant building as a store, and the monthly rent of KRW 150 million was KRW 3 million; (b) provided, however, that, there may be water leakages to the extent that water can fall from the toilet pipe of the first floor of the instant building to the underground room, but it would be possible to repair if the water would be KRW 2 million; and (c) on the rooftop of the instant building, it is necessary to repair the Plaintiff, because there was a rupture generated in the process of installing the previous fire brigade and walking.”

Accordingly, the plaintiff requested the defendant to present the lease contract on the inside of the building of this case and the store of this case, but the defendant is within the building of this case.

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