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(영문) 서울중앙지방법원 2016.07.15 2015가단181430

계약금반환

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On December 12, 2014, the Defendant publicly announced the supply of one kindergarten within B (hereinafter “instant kindergarten”) including the following:

The site site descriptions on a kindergarten do not take place separately, and the matter arising from the on-site verification is the contractor's responsibility and the on-site verification is not possible to raise any objection to the later supplying company on the contractor's own responsibility (a kindergarten management, business authorization, permission for change of use, etc.), and the additional facilities related to the authorization and permission, etc. shall be handled at the contractor's responsibility and cost. In relation to the above supply of the kindergarten, the bidder is fully aware of the delay in the authorization and permission for the additional kindergarten in the field of "establishment, etc. of a kindergarten, etc." of Article 8 of the Early Childhood Education Act in relation to the above supply of the kindergarten, and the bidder is responsible for the commencement of the project for the purpose of a private teaching institute, a teaching school, etc., which is not raised any objection related to the authorization and permission, after confirming all kinds of registration, such as the minimum area, use, etc. of the competent office of education, and the terms and

B. On December 16, 2014, the Plaintiff subscribed to KRW 1,669,00,000, the highest price for the instant kindergarten, and entered into a supply contract with the Defendant and a contractor construction company (hereinafter “shot Construction”) on December 18, 2014 as follows (hereinafter “instant supply contract”).

The schedule of sale price - 10% of the down payment: 166,90,000 won - remaining 90% on December 18, 2014 : the defendant and Dol Construction may cancel this contract in the event that the plaintiff fails to pay the remainder at least 14 days on February 28, 2015 due to the failure of the plaintiff to pay the remainder within the due date and at least twice a peremptory notice is given.