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(영문) 서울중앙지방법원 2018.06.05 2017나70245
계약금 반환 청구
Text

1. Revocation of a judgment of the first instance;

2. The plaintiffs' primary claims are dismissed.

3.The addition has been made by this court.

Reasons

1. On March 31, 2016, the Plaintiffs and H agreed to accept the instant wedding hall (hereinafter “instant wedding hall”)’s right to operate the 4 and 5th floor of the Gwanak-gu Seoul Special Metropolitan City F building operated by the Defendants, and concluded a contract with the following terms (hereinafter “instant contract”).

The seller: The seller: the rental period of the plaintiff B (four representative): 1.5 billion won; the rent of 48 million won; the management fee of about 20 million won: deposit 1.5 billion won; and the premium of 1.2 billion won if the building contract is not made in a designated slip, the seller shall immediately transfer the down payment received from the buyer.

(Designated 16 April 14) The deposit amount of 1.5 billion won shall be paid to the F building, in which this date is amended on April 29.

Buyer’s 10% of the down payment is 10 million won/mid 120 million won/mid 16 April 14, 16: The Plaintiff, the Plaintiff, the Plaintiff, and the Plaintiff, and the Plaintiff C, as the down payment in this case, were written as a receiver, each of which was 25 million won, and the sum of KRW 70 million was transferred to Defendant E on March 31, 2016, and around that time H paid KRW 50 million to the Defendants.

H Done on May 24, 2016, a letter stating that “G down payment (120,000 won) is returned by 50% and received respectively from three members other than H, and H is required to pay 50% of the down payment upon confirmation of the fact that all powers are delegated to H in a case where down payment is returned by 50%.”

H issued a message to H on May 25, 2016, stating that “All recommendations to return G deposit 50% will be delegated to H, and the signature will be replaced by each of the confirmative letters at Stockholm,” and the Plaintiff A sent a message to the Kakao A, the Plaintiff B, the Plaintiff B, and the Plaintiff C sent the message “N”.

The plaintiffs, on May 26, 2016, read the information that they came to know in the course of G sales to a third party and cause damage to G.

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