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(영문) 광주지방법원 2018.01.09 2016가단525843
해약금 등
Text

1. The Defendant’s KRW 100,000,000 as well as the Plaintiff’s annual rate of 5% from November 29, 2016 to January 9, 2018.

Reasons

1.In accordance with Article 2 of the Basic Facts (Indication of Purchase Articles) of this Agreement, the indications of the Purchase Articles carried out by “B” (referring to the Defendant, etc.; hereinafter the same shall apply) shall be as follows:

1. Location: The Act on the North-gu Gwangju Metropolitan City and 155 lots (Attachment to the land record);

2. Site area: approximately 53,549 square meters ( approximately 16,198 square meters);

A. On September 23, 2015, the Plaintiff (the trade name before the change: White L&C Co., Ltd.) entered into a land purchase services agreement with the Defendant and Seodi L&C Co., Ltd. (hereinafter “Nonindicted Company”) and the Defendant, etc. on September 23, 2015 (hereinafter “Defendant, etc.”). In promoting multi-family housing projects, the Plaintiff entered into a land purchase services agreement with the Defendant, etc. demanding the purchase contract and the written consent for land use and transferring the pertinent land to the Plaintiff. The main contents are as follows.

(hereinafter referred to as the “instant service contract”); 3. However, according to the result of consultation with the authorizing and permitting authority of the project, the purchase area may be partially changed, and the changed area shall be the changed area between A (referring to the plaintiff; hereinafter the same shall apply) and B through mutual consultation.

Article 3 [Scope of Services) The scope of services for purchase conducted by “B” under this contract shall be as follows:

1. Survey on the current status of land for purchased goods;

2. Analysis of rights to purchased goods;

3. Review of appropriate purchase methods;

4. The expiration period of a contract for purchase of land under Article 4 (Period of Contract) shall be from the date of conclusion of the contract until February 28, 2016.

Provided, That where "A" and "B" are recognized and agreed during the contract period, they shall be extended after mutual consultation.

Article 8 (Service Fees) The fees under this service contract shall be divided into basic fees and success fees, and the amount of such fees shall be as follows:

1. Basic Fees: The basic fees paid by “A” to “B” in accordance with this Agreement shall be the purchase fees and the fees for written consent for the purchased goods. The total amount shall be the 1,000,000,000.

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