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(영문) 서울북부지방법원 2017.02.09 2016가합22985
매매대금반환
Text

1. As to the Plaintiff’s KRW 200 million and KRW 140 million among them, Defendant C Co., Ltd. from January 8, 2015.

Reasons

1. Facts of recognition;

A. Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is a company established for the purpose of real estate development and implementation business, which carried out the business of building and selling Emera (hereinafter “instant commercial building”) on the land outside Dobong-gu Seoul Metropolitan Government, and Defendant B is the representative director of the Defendant Co., Ltd., jointly with the Dok Total Construction Co., Ltd. (hereinafter “Non-Party Co., Ltd”).

B. The Plaintiff’s date of preparation of a written contract (Evidence A No. 3) around December 2014 is January 5, 2015. However, in light of the timing of payment of down payment, the actual contract was deemed to have been concluded around December 2014.

Among the instant commercial buildings, the Defendant Company and Nonparty Company entered into a commercial building supply contract with the content that the supply amount of KRW 104 billion on the ground level is KRW 70 million on December 31, 2014 (hereinafter “instant contract”), and paid to the Defendant Company a total of KRW 140 million on December 31, 2014 and KRW 10 million on October 08, 2015, respectively.

C. After the conclusion of the instant contract, construction of the instant commercial building was suspended, and on May 20, 2015, the Plaintiff and the Defendant Company drafted the following agreements regarding compensation for the Plaintiff’s damage caused by the suspension of construction (hereinafter “instant agreement”).

As the Defendant Company currently suspends the construction on the first floor among the instant commercial buildings, the agreement is likely to cause damage to the Plaintiff. Therefore, the following matters shall be fulfilled.

C. The Defendant Company bears a bank interest rate of 10% per annum (10% per annum) for the period during which the Corporation was suspended (in case of construction work, the Plaintiff shall be notified in writing at the time of construction work to determine

(2) The Plaintiff is to pay the intermediate payment and the remainder in accordance with the instant contract in writing notified by the Defendant Company.

3) Article 9 of the instant contract (the termination of the contract and the occurrence of a cause attributable to the penalty).

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