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(영문) 서울중앙지방법원 2019.12.12 2019가합506478
공사대금
Text

1. The Defendant (Counterclaim Plaintiff) pays KRW 700,896,000 to the Plaintiff (Counterclaim Defendant).

2. The remainder of the plaintiff (Counterclaim defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. C Co., Ltd. (hereinafter “C”) and the Defendant

(D) On July 20, 2015, the store located in the Seo-gu, Seo-gu, Seo-gu, Seocheon-si (hereinafter “instant store”).

(2) On July 17, 2015, the sales contract was concluded to sell the sales price of F units at KRW 531,930,000. The Defendant succeeded to the rights and obligations under D’s sales contract. (2) On July 17, 2015, C entered into a sales contract to sell the sales price of the instant commercial building G units at KRW 166,880,000.

3) On July 17, 2015, C entered into a sales contract with the Defendant to sell the instant shopping mall Nos. 177,310,000 won (hereinafter “instant sales contract”) with the sale price of KRW 177,310,00 (hereinafter “instant sales contract”) and each of the instant sales contracts when referring to “each of the instant shopping districts” and “each of the instant sales contracts”.

(2) Article 1(1) of the Contract Price and Payment Method (10%) shall be paid at the time of the contract, and the intermediate payment (10%) shall be paid at the end of April 30, 2016 (80%) within the period for the designation of the occupant (from March 30, 2017 to May 30, 2017). Article 5(1) of the Contract Price and Performance Clause (1) of the Contract Price and Performance Clause (2) of the Contract may be rescinded if the contract is performed after demanding performance within a reasonable period of time after demanding performance. (3) Where the remainder is not paid within two months from the following day after the expiration of the period for the designation of the occupant, and (4) where the contract is rescinded due to any cause attributable to paragraph (1), the contract Price and Performance Clause (1) shall be paid to the other party for the penalty for breach of contract; and (2) the approval for use of the facility shall be paid to the other party for the use of the facility under Article 8(3) of the Contract.

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