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(영문) 인천지방법원 2021.02.16 2020가단242996
계약금 반환 등 청구의 소
Text

The defendant's KRW 2,246,575 to the plaintiff and its 5% per annum from December 1, 2020 to February 16, 2021.

Reasons

1. Basic facts

A. On June 3, 2020, the Plaintiff decided to purchase the Pyeongtaek-si E apartment and Fho (hereinafter “the apartment of this case”) owned by the Defendant in KRW 379 million through the Defendant’s account, and transferred KRW 10 million on the day to the Defendant’s account via the Defendant’s account via the Plaintiff’s authorized intermediary (the Plaintiff requested the purchase) and D (the Defendant’s authorized intermediary).

B. After the transfer of the said money, C sent the Plaintiff, and D sent each of the following text messages to the Defendant:

10 million won, which is part of the down payment, shall be deposited by the Plaintiff into the Defendant’s account. The contract date shall be set up at a mutual rate.

I. The above content is the sales contract, and the buyer waives the down payment and the seller redeems the double amount when the contract is terminated by the changed trial.

(c)

On the same day, the Defendant will pay D the above text message “The fixed contract shall be 10% down payment, and the remaining amount shall be sufficient to give D the intermediate payment of KRW 30 million until July 10, 2020, regardless of the period until July 10, 2020.

The answer sent a text message stating “.........”

(d)

Then, on June 9, 2020, the Plaintiff and the Defendant agreed to prepare a written contract at D’s authorized broker office. On June 8, 2020, the Defendant sent D text messages stating that “The Defendant, on June 8, 2020, shall receive 10% of the down payment, 50 million won in the middle, and 50 million won in the middle, until July 10, 2020, and the remainder by August 10, 2020.”

D In this regard, I would like to see to the Defendant as follows: “I would like to see the content of the consultation with 10,000,000 won, and I would like to see the buyer’s thickness.”

“.......” and “............”

종전대로 내일 오전에 뵙도록 하겠습니다

The answer sent a text message stating “.........”

E. In order to prepare a contract on June 9, 2020, the Defendant concluded a sales contract with the Plaintiff to pay 10% of the purchase price and 50% of the purchase price of the middle-aged gold on the first place.

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