정산금반환
1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
1. The reasons why the court should explain this part of the basic facts are as stated in Paragraph 1 of Article 420 of the Civil Procedure Act, since the part of the reasoning of the judgment of the court of first instance is the same as stated in Paragraph 1 of Article 420 of the Civil Procedure Act, as follows: (a) “A” from the company of the court of first instance (hereinafter “Defendant company”) shall be “A”; and (b) “the cost of prior investment (construction cost, tax contribution, security interest, etc.)” in Item 8 of the judgment of the court of first instance shall be read as “the cost of prior investment (construction cost, tax contribution, security interest, etc.).”
2. Determination as to the cause of claim
A. The Plaintiff’s assertion while running the instant project, paid the Plaintiff KRW 3,179,326,869, total of short-term loans, including the cost of constructing the instant apartment and model housing and the interest on the instant loans (i.e., the construction cost of KRW 3,178,771,169, May 31, 2013, and KRW 325,700, which is the remainder after deducting KRW 2,141,073,80,000, and the remaining amount after deducting KRW 1,038,253,069, as the settlement amount.
B. We examine whether the instant apartment project is terminated or not, on February 8, 2013, the Plaintiff expressed to the Defendant Company the ultimate intent to waive the construction of the instant apartment project by content-certified mail, and on February 12, 2013, the Defendant Company declared on February 12, 2013 that the instant apartment project was terminated because it did not enter into the instant contract for the transfer and takeover of the instant apartment project until ten days have passed since the approval was granted for the commencement of the instant apartment project by content-certified mail. According to such facts of recognition, it can be deemed that the agreement was reached between the Plaintiff and the Defendant Company that would terminate the instant project by the said declaration of intent of the Defendant Company. Accordingly, the instant project is supported by mail, which was dispatched by the Defendant Company, to the Plaintiff on February 12, 2013.