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(영문) 인천지방법원 2020.02.04 2019나57094

기타(금전)

Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be the principal lawsuit.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. H is the contractor of the F building scheduled to be newly built on the first ground of Yeonsu-gu Incheon Metropolitan City (hereinafter “instant building”). The Plaintiff Company A and the Plaintiff Company B are the contractor of the instant building sales business and the trustor, and the Plaintiff Company C is the seller of the instant building.

B. On May 19, 2018, the Defendant visited the Plaintiff the model house of the instant building. On the same day, the Defendant concluded a sales contract (hereinafter “instant sales contract”) with the Plaintiffs to sell the instant building G at KRW 1,182,959,80 with the Plaintiffs and H, after preparing and delivering each written application for sales contract, written confirmation of the content of consultation, complex model and object of the contract, written consent to the modification of the rescission clause (hereinafter “instant written consent”), and written consent to the modification of the rescission clause, and then concluding the sales contract (hereinafter “instant sales contract”).

C. The main contents of the instant sales contract are as follows.

Article 1 [Method of Payment of Supply Amount] (1) The defendant shall deposit the corresponding amount into the bank's account designated under paragraph (2) of this Article in his/her own name within the due date for payment, and if the supply amount is paid by any other means, it shall be null and void.

In addition, Plaintiffs and H do not have a duty to notify each day of payment separately.

On May 26, 18 when concluding a contract for down payment (10%) and the intermediate payment (50%) and the intermediate payment (50%) and the second (10%) and the second (10%) and the fourth (10%) and five (10%) and five (10%) times (10%) and five (10%) respectively, on January 2, 2012, 200 on July 21, 201, when the contract was concluded, the Plaintiffs rescinded the Defendant’s acts falling under the subparagraphs of Articles 5,00,000,000 and 113, 295, 980,118,295,000,118, 295, 295, 118, 295, 118, 295, 1000, 18, 295, 1000, 298, 2005, 1008, 2948, 108