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(영문) 서울북부지방법원 2017.04.19 2016나6048

계약금반환

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On January 15, 2015, the Plaintiff sold B’s 6th 6th 602 (hereinafter “instant officetel”) from the Defendant, a trustee of the implementation of Dongdaemun-gu Seoul Dongdaemun-gu Seoul, to KRW 117,500,000.

B. The main contents of the officetel supply contract (hereinafter “instant contract”) are as follows:

A: A seller Korea Trust Korea Co., Ltd., B: the Plaintiff, C: Defendant 1 (Sales Price and Payment Method) (1) “B” shall pay the corresponding amount in his/her own account designated under Section B within the due date for payment as follows; (1) “A” shall pay the amount in his/her own account in his/her own account at the bank designated under this Section B; and (2) once of intermediate payment at the time of a contract, the three-time intermediate payment shall be paid in his/her own account at the time of the three-time intermediate payment (2015-031); (31) (2015-03-031) (203-31) (201,750,750,750,750,750,7501,701,7010,7501,701,7501,701,707,701,700,710,710,707,7010.

(5) "A" and "A" shall not be obligated to separately notify "B" of the payment schedule and late payment charge of the sale price under paragraph (1) of this Article.

Article 3 (Arrears Charges and Compensation for Delay) (1) The interest rates for each period of arrears shall be as follows:

Article 4 (Duty to Notify Cancellation, Change, etc. of Contract) ① “A” may cancel this Agreement if the “B” commits any of the following acts after the peremptory notice is given, if the “B” commits any of the following acts: < Amended by Act No. 1483, Dec. 1, 201; Act No. 1190, Dec. 31, 201; Act No. 4.1314, Dec. 31, 201; Act No. 4. 4.4.73% 4.73% 4.73% 4.73% of the late payment penalty rate of 9.73% of the late payment penalty of 9.73% of the late payment penalty

1. When the intermediate payment is not paid more than twice within the period fixed by “A”, provided that “A” shall be “B”.