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(영문) 인천지방법원 2018.06.08 2017가합62401

손해배상(기)

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1. The Defendant’s KRW 300,000,000 as well as 5% per annum from July 16, 2016 to December 21, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a corporation established for the purpose of urban development, industrial complex development, mountainous district development, and housing site development, and real estate development, supply, lease, etc., and the Defendant is a corporation established for the purpose of real estate lease, sale, and management agency business.

B. On May 14, 2015, Dao Partners Co., Ltd. (hereinafter “Dao Partners”) concluded a service contract for the sale of land allotted by the authorities in recompense for development outlay that the Dao Partners intend to sell land allotted by the authorities in recompense for development outlay within the Pyeongtaek-si District (Yyeong-ri and Eriwon) of the Dao Partners Co., Ltd. (hereinafter “Dao Partners”) on behalf of others.

C. The Plaintiff and the Defendant jointly carried out the sale of land allotted by the authorities in recompense for development outlay in Pyeongtaek-si District, as described in the following. From December 10, 2015 to March 15, 2016, the Plaintiff paid KRW 400,000,000 to six times as the performance bond as indicated in the following table.

The Plaintiff borrowed KRW 50,00,000 from F on January 5, 2016 at interest rate of 10% per annum, and the Plaintiff and G borrowed KRW 200,000 from H on February 1, 2016 at interest rate of 18% per annum (1.5% per annum) and on August 31, 2016.

The amount of 50,000,000 on December 10, 2015, 1200 on December 30, 2015; 30,000,000 on December 30, 2015; 30,000,000 on January 5, 2016; 200,000,000 on February 2, 2016; 50,000,00 on February 2, 2016; 50,000,000 on February 2, 2016; 6, 2016; 400,000,000 on March 15, 2016;

D. Meanwhile, the defendant is as follows.

As described in paragraph (1), it concluded a service contract for the sale of land allotted by the authorities in recompense for development outlay in Pyeongtaek-si District, and paid KRW 50,00,000,000 as performance guarantee money to the Multi-partnership on February 12, 2016, and KRW 50,000,000 on February 25, 2016, and KRW 50,000,000 on March 10, 2016, respectively.

E. Following two changes in the terms of the contract, the Defendant entered into a contract for the sale of land allotted by the authorities in recompense for development outlay in April 2016 with the Dao Partners.

The main contents of the above contract are as follows:

Article 1 (Opening of Business)