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(영문) 수원지방법원 2020.05.14 2018나12732
계약금반환
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Defendant is the implementer of the project that newly constructs and sells the C building at the time of Si interest (hereinafter “instant building”).

Article 1 (Methods of Price Payment) The amount of value-added tax to be paid 16,50,000 1,353,000 17,853,000 17,853,000 intermediate payment first time on December 20, 2017, 33,000,700 2,706,7000 35,700 intermediate payment second time on December 20, 2017 (20, 33,000,000 2,700,706, 305,706, 7006, 000 intermediate payment to be paid 16,50,500, 305, 16, 3005, 16, 3005, 16, 3005, 3005, 16, 3005, 3005, 3005, 3004, 0005

Article 4 (Procedures for Occupancy and Management Expenses) (1) A (the defendant; hereinafter the same shall apply) shall separately notify B of the date of designation of occupancy. If the scheduled date of occupancy is delayed due to force majeure, such as natural disasters and sudden changes in economic conditions, A shall notify B in advance, and B shall not raise any objection thereto.

Article 7 (Cancellation of Contracts) (1) In cases where a contract falls under any of the following subparagraphs (1) (A) has been committed, upon giving a peremptory notice for performance within a fixed period of 14 days, and there has been no performance thereof, A may rescind this contract if there has been no performance thereof. (A) In cases where B has failed to pay B despite a grace period of not less than one month from the date of the payment agreement which has been set at least two times, which has been set at a grace period of not less than 1 months and which has been set at least two times, (3) in cases where the occupancy has been delayed for more than three months from the initial scheduled date of occupancy due to a cause attributable to A (a) in cases where the occupancy has been due to a cause attributable to B (1) through (2), B shall pay 10% of the total amount of the sale price to the other party as a penalty, and in cases of paragraph (3), A shall pay a penalty to B:

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