계약금반환청구의소
1. The Defendant (Counterclaim Plaintiff) paid KRW 20,000,000 to the Plaintiff (Counterclaim Defendant) and the Plaintiff’s counterclaim from June 17, 2016 to March 21, 2017.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On March 2016, the Plaintiff, upon introduction of Nonparty C, engaged in a construction business with the trade name called “D”, conducted consultations related to the construction of a multi-family house E on the ground of Osan City (hereinafter “instant construction”).
B. On March 19, 2016, the Plaintiff and the Defendant concluded a construction project contract with respect to the instant construction project as follows:
(hereinafter “the instant construction contract”). 1. Construction name: Construction of the E-family house at Osan City
2. Site location: Osan-si E in Gyeonggi-do.
3. A construction period: The construction period is less than 4 days from the commencement date of the construction project, which is actually entered in the construction contract of this case and the remainder is printed.
up to the month
4. Outline of construction: (Omission)
5. Total contract amount: Won 385,000,000 won in daily gold (Won 385,000,000) additional tax rates.
6. Down payment: 40,000 won (Won 40,000,000).
7. Time and method of payment of completed portion;
(a) When a contract is concluded: 20% of the total contract amount per 4/21 million won;
(b) When foundation is completed: 30% of the total contract amount per annum 5/1000,000 won;
(c) When aggregate bed: 40% of the total contract amount per annum;
(d) at the time of completion: Article 3 (Design and Authorization) (1) in the event that “A (Plaintiff)” separately places an order for design and authorization or permission, the term “B (Defendant)” shall have overall control over the performance of the design and authorization or permission.
(2) "A" shall take measures to have a person who separately prepares design and authorization and permission pursuant to paragraph (1) cooperate with the general affairs of "B".
Article 4 (Amendment, etc. of Contract) (3) When the contract is terminated due to the reasons of "A" after the conclusion of the contract, "B" shall reduce the down payment by 50% and refund the remainder.
Article 12 (Termination of Contract, Exemption from Liability) "A" may cancel or terminate all or part of the contract in any of the following cases:
(1) “B” is justified.