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(영문) 부산지방법원서부지원 2020.07.21 2019가단111453
중도금 반환
Text

1. The Defendant’s KRW 100,000,000 as well as the Plaintiff’s annual rate from September 29, 2014 to October 14, 2019.

Reasons

1. Basic facts

A. On March 15, 2014, the Plaintiff entered into a sales contract with the Defendant on March 15, 2014 (hereinafter “the first sales contract”) with the amount of KRW 145 million for shares listed in the separate sheet (hereinafter “instant shares”) on March 15, 2014 for the execution of the joint housing construction project at Busan Seo-gu KRW 30,000,000,000 at the time of submission of documents after the contract, and at the same time, the Plaintiff entered into a trust contract with D Co., Ltd., with the remainder of KRW 130,50,000,000 (hereinafter “the instant automatic sales contract”). On March 15, 2014, the Plaintiff paid the remainder of KRW 70,000,000 to the Defendant on March 17, 2014, and the Plaintiff did not pay the remainder of KRW 14,500,000,000 to the Defendant on March 17, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, 5, Gap evidence Nos. 2 and 3, and Eul respectively.

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