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(영문) 제주지방법원 2015.11.17 2014가단9174

계약금반환

Text

1. The Defendants are 34,00,000 won to each Plaintiff and 5% per annum from August 27, 2014 to November 17, 2015.

Reasons

1. Basic facts

A. The Plaintiff, as a block structure, visited Ael City (ALC) with main material, and visited D-owned EF penta (F penta), confirmed D that the material of the above penta building was ALC, and became aware that a person who used F penta was Defendant C.

B. The Plaintiff introduced Defendant C to newly build three roads of 120 square meters on the G land in Jeju-si, its owner, and entered into a construction contract between the Defendants and the Defendants on December 5, 2012, setting the construction cost of KRW 480,000,000 per square year (hereinafter “instant construction contract”) and the construction period from December 5, 2012 to June 2013 (hereinafter “instant construction contract”). On December 6, 2012, the Plaintiff paid KRW 40,000,000 as down payment to the Defendants.

C. At the time of entering into the instant construction contract, the Plaintiff was interested in the completion of the divershy of the F pentine design and the divershy of the divershys of Myanmar as well as the divershys of the F pentine design at the time of entering into the instant construction contract, and prepared the instant construction contract under the condition that the design drawing was not prepared.

According to the instant construction contract, the Defendants: (a) requested the representative of the construction office I to design a new building according to the instant construction contract; (b) unlike Fpenta, the object of the instant construction contract was the second floor of the building; (c) determined that the safety of the building was more necessary; (d) used the materials of columns and tent as a general steel frame; and (e) used the floor as HK200ALC with the floor.

E. Defendant C received construction review drawings prepared pursuant to the above design services and presented them to the Plaintiff on January 2, 2013 or around February 2, 2013. However, as the Plaintiff golded the materials of the ALC, Defendant C may use the Plaintiff’s explanation of the ALC materials and the ALC materials for the third floor of the ALC building.