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(영문) 대전고등법원 2019.11.14 2019나12389

약정금

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. 1 Status of the Parties C Co., Ltd. (hereinafter “C”).

) Daejeon Jung-gu D Building (hereinafter referred to as “instant commercial building”)

(E) A corporation E (hereinafter referred to as “E”) is an executor of the sales business.

(2) Around January 14, 2017, the Plaintiff entered into a contract with C for construction works and completed the extension and substantial repair of the instant commercial building. (3) Around October 24, 2016, the Plaintiff entered into a contract with C for the vicarious sale of buildings in units (7%; hereinafter “instant service contract”) and performed the sales agency business of the instant commercial building.

B. C and the Defendant’s sales contract 1) On January 20, 2017, through the Defendant’s agent F on January 20, 2017, C concluded the sales contract between the Defendant and the Defendant on the G, H, I, and J of the first basement of the instant commercial building (hereinafter “instant underground shopping mall”).

2) The sales contract of this case was concluded for the sale of commercial buildings in the amount of KRW 3.5 billion (hereinafter “instant sales contract”).

(2) On January 20, 2017, the sales contract amounting to KRW 100 million, the intermediate payment of KRW 2.5 billion, and the remainder of KRW 900 million was paid respectively on February 15, 2017. Meanwhile, the special terms and conditions stipulated in the sales contract are as follows (hereinafter referred to as “instant special terms and conditions”).

(2) Of the down payment, KRW 20 million shall be paid on January 20, 2017, and KRW 80 million shall be paid on January 23, 2017. 2. The remainder (repaid) loan shall be paid at KRW 2.5 billion. On January 23, 2017, the contract shall be terminated at the time the contract is not performed and the down payment shall be refunded. Of the remainder, the intermediate payment shall be run by Party A (C) or E, and the remainder shall be paid six months after the remainder. 40 million out of the remainder, the underground marina room shall be the cycle of reducing air conditioners; 2.5 billion out of the remainder, the remainder, and the total sum of KRW 3.1 billion shall be paid from the Defendant; and on January 23, 2017, the registration of ownership transfer was completed on the instant underground sale contract to the Defendant on January 23, 2017.

C. On February 16, 2017, the Defendant’s agent F, who prepared the instant promise, is the Plaintiff’s representative director.