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(영문) 서울중앙지방법원 2020.06.10 2019가합583567
기타(금전)
Text

1. The Plaintiff:

A. As to Defendant B’s KRW 212,00,000 and KRW 169,00,000 among them, Defendant B’s Co., Ltd. shall begin on November 10, 2018.

Reasons

1. Facts of recognition;

A. Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a company aimed at real estate development business, sales agency business, etc., and Defendant C is the representative director of the Defendant Company, and Defendant D is the inside director of the Defendant Company.

B. On July 29, 2017, the Plaintiff was constructed with the purpose of leasing the F building to the U.S.-gun and the U.S. civilian employees of the military who are to be constructed on the daily ground of 16,469 square meters of E Forest (hereinafter “E forest”).

Among them, the provisional partition also entered into a sales contract to pay KRW 53,00,000 for the sales price for G units (260 square meters, land size 488 square meters, hereinafter “instant building”) on July 31, 2017, and to pay KRW 53,00,000 for the intermediate payment of KRW 106,00,00 for the first time on October 31, 2017, and the second intermediate payment of KRW 53,000 for the second intermediate payment of KRW 53,00,000 at the time of completion of construction works (hereinafter “instant sales contract”).

On the other hand, in the instant sales contract, the scheduled date of completion of the instant building was set on April 30, 2018, and “the Plaintiff may cancel the instant sales contract if the sales contract is delayed for at least two months from the scheduled date of completion due to the seller’s fault, and if the sales contract is cancelled for such reason, the Defendant Company shall pay the Plaintiff the same amount as the down payment as the down payment as penalty.”

(Article 3, 4). (C)

Since then, on July 31, 2017, the Plaintiff paid KRW 53,000,000, and KRW 106,000,000 for the intermediate payment on October 31, 2017, respectively, to the account designated by the Defendant Company.

On July 30, 2018, the Plaintiff issued to the Defendant Company a certificate of content that “The Plaintiff shall cancel the instant sales contract and request the return of KRW 159,00,000,000, which was already paid by August 30, 2018,” and reached the Defendant Company around that time, for two months after the scheduled completion date of the instant building.

E. Accordingly, the Defendant Company on August 31, 2018.

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