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(영문) 서울중앙지방법원 2019.11.14 2019가단5120162

계약금반환청구의 소

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1. The plaintiff's claim against the defendants is dismissed.

2. All the costs of lawsuit are assessed against the Plaintiff.

Reasons

1. Basic facts

A. On October 25, 2016, Geumcheon-gu Seoul Metropolitan Government: (a) concluded a contract amount of KRW 1,073,00,000 (107,300,300,000 for intermediate payment (107,300,000 won on October 25, 2016) for the total supply amount of KRW 1,07,30,000 (26,000 on December 26, 2016), 2 times for the supply of KRW 107,30,00 (26,00,000 on June 26, 2017), and 3 times for the supply of KRW 107,30,00 (20,000 on June 26, 2017) (hereinafter “instant store”); and (c) the supply period of KRW 107,300,00 on the supply date of the instant building”).

Defendant B and C are a seller, and Defendant D Co., Ltd. put their signatures and seals on the supply contract of this case as a contractor.

B. The above supply contract includes the following:

(However, in the following contents, “A” and “C” are the Defendant Company B and “C”, “B” and “B” refer to “E”, and “B” refer to the Defendant D Co., Ltd.). Article 2 (Cancellation of Contracts) (2) may cancel this contract in the event of the Defendant Company B’s own circumstance.

However, even if part of the part payment has been paid, it shall be limited to cases where A and C are recognized.

(3) Where it becomes impossible to perform a contract as A or C during the term of contract, B may rescind this contract.

Article 3 (Penalty) (2) When this contract is terminated for reasons falling under Article 2 (3), A and C shall pay to B 10% of the total amount of the supply price as penalty.

(3) In the case of paragraphs (1) and (2), with respect to the price already paid by Eul, Gap shall refund it to Eul with interest equivalent to 1.32% of the average interest rate of time deposits announced by the Bank of Korea from the date of receipt to the date of return.

(However, Article 6 (Transfer of Ownership) (1) A and C shall be the buildings newly constructed pursuant to this project.