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(영문) 서울고등법원 2015.07.17 2014나2039785
손해배상(기)
Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. Facts of recognition;

A. On December 17, 2007, Plaintiff’s words “SB” and “SB” entered into a contract with the Defendant, the executor company, and the contractor, under which the Plaintiff purchased KRW 65,450,000 (excluding the additional option price of KRW 76,000 (hereinafter “instant apartment”) from 102, 3303,00,000,000 (hereinafter “instant sales contract”).

The main contents of the sales contract of this case concerning the payment of sale price, cancellation of contract, penalty, etc. are as follows.

Article 1 (Supply Price and Payment Method): (1) The total supply amount: 654,50,000 won; (2) The payment schedule and the remainder payment amount of the down payment to be made once ( June 16, 2008) after one month after the contract is concluded ( November 17, 2008) 3 times ( April 15, 2009) 6 times ( September 15, 2009) (32,725,000,725,725,725,605, 605, 405, 605, 196, 196, 196, 196, 196, 196, 196, 196, 205, 196, 196, 196, 205, 196, 196, 2056, 2005, 2005, 20056, 20056,

1. Where the part payment prescribed in Article 1 has not been made on at least three consecutive occasions, and the payment has not been made with a peremptory notice given at least twice within a 14-day grace period;

2. When he/she fails to pay any balance within three months from the agreed date.

4. When compulsory execution (provisional seizure, provisional disposition, etc.) against A to a third-party debtor commences. (3) Where B is unable to move into within three months from the scheduled date of move into due to any cause attributable to A, it may be rescinded;

(4) B shall give written notice to A within ten days of any change in the address.

If the contract cancellation notice to Party A is not implemented, it shall be sent to the previous address, and 15 days after the dispatch.

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