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(영문) 인천지방법원 2018.02.09 2017가합54509
매매대금반환
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. On December 24, 2016, the Plaintiff asserted that he/she: (a) concluded a contract with the Defendant respectively to supply KRW 117,821,00 (including value-added tax) on the first floor of the building B (hereinafter “instant building”); (b) KRW 114,5,000 (including value-added tax); and (c) KRW 116,285,589,00 (including value-added tax) on the first floor of the building B (hereinafter “instant building”); and (d) KRW 117,821,00 as the down payment under 114; and (c) KRW 57,117,80 as the down payment under 116, and KRW 37,00 as the down payment under 31,20,000 after the date of completion of each contract; and (c) the Plaintiff’s claim for damages for delay can not be occupied within three months from the scheduled date of termination due to reasons attributable to the Defendant.

(However, the complaint may be deemed to include the expression of intent to cancel each contract for supply). The defendant asserts that the plaintiff is obligated to pay the down payment of KRW 117,821,00, and KRW 57,117,80, and KRW 116, and KRW 117,821,00 related penalty of KRW 114, and KRW 57,117,80 related penalty of KRW 116 related to the commercial building and KRW 116, respectively.

2. Determination

(a)be:

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