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(영문) 서울남부지방법원 2020.11.25 2020가단245051
계약보증금 반환
Text

1. The defendant shall calculate to the plaintiff 40 million won with 12% per annum from May 14, 2020 to the day of complete payment.

Reasons

1. Basic facts

A. On October 13, 2016, the Plaintiff entered into a contract with the Defendant to carry out the sales agency service for C apartment units (hereinafter “instant contract”) in the original city that the Defendant newly built, and paid KRW 40 million to the Defendant as security deposit.

B. At present, the defendant representative director is in a sense of fraud, and the new construction of the above apartment is suspended.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 2 and 3, the purport of the whole pleadings

2. According to the above facts, at least four years have not passed since the conclusion of the instant contract, and the construction of an apartment has not been completed until the expiration of four years since the conclusion of the instant contract, and it appears that the construction has not been carried out as a result of the reduction of the Defendant’s representative director. Thus, the instant contract is deemed to have

The instant contract was rescinded upon delivery of a complaint containing an expression of intent to cancel the contract on the grounds of these circumstances.

Therefore, the defendant is obligated to pay to the plaintiff 40 million won with delay damages calculated by the rate of 12% per annum from May 14, 2020 to the day of full payment, which is the day following the delivery of the original copy of the payment order in this case.

3. The plaintiff's claim for conclusion is reasonable, and it is so accepted as per Disposition.

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