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(영문) 인천지방법원 2017.09.12 2017가합50880

약정금

Text

1. The Defendant shall pay to the Plaintiff KRW 1,00,000,000 and the interest rate of KRW 15% per annum from March 1, 2017 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff’s following B.

As described in Paragraph B, B entered into a contract for the sale of land allotted by the authorities in recompense for development outlay Urban Development Project (hereinafter “instant service contract”) with Pyeongtaek-si Urban Development Project District, and B paid KRW 50,000,000 on February 2, 2016 as performance guarantee, and KRW 50,000,000 on February 25, 2016, and KRW 50,000,000 on March 10, 2016.

B. On April 2016, the Plaintiff entered into the instant service contract with B with the following content.

Article 1 (Opening of Project) The outline of the Project in this case is as follows.

1. Business name: Gyeonggi-do Pyeongtaek-si Seoul Urban Development Project;

2. Location of business: Gyeonggi-do members of Pyeongtaek-si D.

3. Business area: Articles 2 (Scope of Business) of 2,791 square meters (84,55 square meters).

2. The plaintiff shall perform the following business affairs in good faith in consultation with B:

Marketing services support (consultation on services related to sale, such as product development, advertising, and advertising schemes)

(b) Operation of a sales office for sales business, expenses for installation, and placement of sales personnel;

(c) Consultation and management of sellers of buildings in units and contract agency;

(d) Other services consulted with B as necessary for marketing.

(e) Personnel expenses and operating expenses for the number of business operators;

F. The costs of sales requested by B out of the businesses other than the advertisement will be agreed upon between B and the Plaintiff.

Article 5 (Deposit and Anti-Deposit Time)

1. The Plaintiff shall deposit KRW 300,000,000 in order to guarantee this contract to B.

2.B shall return to the Plaintiff’s designated account the full amount of KRW 300,000,000 upon the first claim for the sales service fee after the commencement of the sale of this contract.

C. Around June 9, 2016, B did not pay KRW 80,000,000 out of the performance guarantee to the Plaintiff, despite having been urged several times, and accordingly, B sent a certificate of content that the instant service contract is terminated on the ground of nonperformance, and that it would return KRW 220,000,000 that it received from the Plaintiff.

The plaintiff on June 16, 2016.