(영문) 대구지방법원 2015.07.17 2014가합9339

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(영문) 대구지방법원 2015.07.17 2014가합9339

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On November 3, 2012, the Plaintiff entered into a sales contract with the Defendant for the purchase of KRW 1,00,000,000 (the contract amount of KRW 50,000,000 on the date of the contract, the remainder of KRW 950,000,000 on the date of the contract, and each payment until February 2, 2013) (hereinafter “instant contract”), and paid KRW 50,00,000 on the same day the down payment, but did not pay any balance by February 2, 2013.

B. On February 25, 2013, the Plaintiff and the Defendant delayed the remainder payment date of the instant contract as of April 15, 2013, and agreed not to make the remainder payment until then, the Plaintiff agreed not to claim the return of the down payment, but the Plaintiff did not pay the remainder by April 15, 2013.

C. On September 10, 2013, the Defendant urged the Plaintiff’s agent B to implement the contract by September 16, 2013, and if there is no contact until that time, the contract shall be rescinded.

“The Plaintiff sent a certificate of content to that effect, but the Plaintiff did not pay any balance until September 16, 2013.

On March 26, 2014, the Plaintiff agreed to waive the remainder of the down payment and the money already paid to the Defendant by June 30, 2014, but did not pay the remainder by the agreed date.

E. The Plaintiff again agreed on July 22, 2014 to pay the remainder to the Defendant by July 28, 2014, but the Plaintiff did not pay the remainder by July 28, 2014.

F. On August 12, 2014, the Plaintiff agreed to waive the contract with the contract deposit and the money already paid as penalty if the remainder is not paid to the Defendant by August 18, 2014, but did not pay the remainder by the agreed date.

【Ground of recognition】 The fact that there has been no dispute, Gap 1, 2, Eul 2 through 7, the purport of the whole pleadings and arguments

2. Determination on the cause of the claim

A. When entering into the instant sales contract for the Plaintiff’s assertion, the Plaintiff agreed to the remainder payment date when the construction permit was in deliberation.

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