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(영문) 춘천지방법원원주지원 2019.08.29 2018가합5207
부당이득금
Text

1. The Plaintiff (Counterclaim Defendant) pays KRW 267,120,000 to the Defendant (Counterclaim Plaintiff).

2. The principal lawsuit of the Plaintiff (Counterclaim Defendant).

Reasons

1. Basic facts

A. On September 29, 2016, the Plaintiff concluded a sales contract with the Defendant and the Defendant for the sales of the first floor E at KRW 445,200,000 (hereinafter “instant sales contract”) with respect to the sales price for the first floor E, among D (hereinafter “instant building”).

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

Article 1 [The sale price and payment method] (1) "B" (referring to the plaintiff) of the scheduled date of August 2017 (the due date of sale can be changed according to the process, and the due date of sale shall be later notified) shall be paid by the bank account holder designated in Section B of this Article (referring to the defendant) within the due date for payment as follows, and the name of the contractor and the contract number shall be entered in the bank account holder designated in Section B of this Article.

Accordingly, "A" does not have a duty to notify "B" of each payment date separately.

When concluding a contract for the payment of the balance of the second intermediate payment of the intermediate payment of the first intermediate payment of the second intermediate payment of November 29, 2016, the supply of the payment date of March 29, 2017 to 42,000,000 42,000,000 42,000,000 42,000,000 42,000,000 252,520,000 additional 2,520,520,520,520,002,520,520,520,520,520, 120,1204,520,520,520, 420,520,5204,5204,5204,5204,4204,5206,206, 207, etc. of the intermediate payment of the second intermediate payment of the year of the year.

The late payment charge for any balance shall be based on the expiration date of the designation period of occupant occupants.

Article 4 [Cancellation of Contract] (2) “B” may cancel this contract in any of the following cases:

2. Where the salesroom occupants have been delayed for more than three months from the expiration date of the initial designation period due to reasons attributable to "A": Provided, That this shall not apply to natural disasters, administrative orders, relevant Acts and subordinate statutes, and other force majeure.

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