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(영문) 제주지방법원 2020.09.21 2019가단58867

기타(금전)

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Defendant entered into a supply contract and paid down payment with D (1) the Defendant was a company operating a single housing construction business, etc., and the Defendant was constructing the “F building”, which is a neighboring commercial facility E in Seocho-si.

(2) The Plaintiff A established a plan to open dental clinics.

(3) On August 18, 2018, the Defendant entered into a supply contract with Plaintiff A (the Plaintiff’s side, at the time of change of the contractor’s name) to pay KRW 1,092,517,09 (i.e., value-added tax of KRW 1,014,024,00,000, value-added tax of KRW 78,493,09), and around November 19, 2018, to pay KRW 101,402,40 as the first down payment and KRW 101,402,40 as the second down payment and KRW 889,712,299 as the remainder within 30 days after registration of ownership preservation.

(4) Around August 20, 2018, D paid KRW 101,40,400 to the Defendant as the primary down payment, and Plaintiff B paid KRW 101,402,40 to the Defendant on November 19, 2018 under the Plaintiff’s husband H’s husband H on November 19, 2018.

total (202,804,800) b.

(1) Upon arrival of the remaining payment period, the Defendant completed the registration of initial ownership in relation to G heading stores, etc. on April 30, 2019, and notified the Plaintiff A of the fact that the Plaintiff would receive the registration of initial ownership by paying the remaining amount.

(2) Upon Plaintiff A’s request for change of the contractor’s name, the Defendant and the Plaintiffs on May 27, 2019, and the Plaintiffs as above.

In order to accept D’s supply contract, the sales amount is the same as the above supply contract, and the supply contract was concluded to pay the remainder of 202,804,800 won at the time of the contract and the remainder of 889,712,299 won within 30 days after registration of preservation of ownership (hereinafter “instant contract”), and the down payment paid D is deemed the down payment of the instant contract.

§ 3.(1) When a buyer has committed any of the following acts: