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(영문) 인천지방법원 2019.05.15 2018가단213636
계약금반환
Text

1. The Plaintiff (Counterclaim Defendant) shall pay to the Defendant (Counterclaim Plaintiff) KRW 39,200,000 with full payment from June 28, 2018.

Reasons

The principal lawsuit and counterclaim shall be judged together.

1. Facts of recognition;

A. On May 26, 2016, the Plaintiff entered into a design and supervision agreement (hereinafter “instant contract”) with the Defendant on the following design and supervision agreement with regard to the construction of a new apartment house in Seopopo City C and D ground (hereinafter “instant construction”).

Design content site area: 9,134 square meters, multi-unit houses, structures: Number of floors of reinforced concrete structure: 4 stories on the ground of each underground floor, building area: 1,824 square meters, and total floor area: Contract area of 8,096 square meters: Contract area of 8,096 square meters (2,49 square meters): The contract amount of 240,000,000 square meters (2,449 square meters): In principle, when paying the price in installments, the time and amount of payment shall be determined as follows; however, it may be adjusted through consultation with the Plaintiff:

At the time of filing a construction permit of 72,00,000 intermediate design documents at the time of non-fixed contract (30), 72,000,000 intermediate design documents at the time of filing a construction permit of 72,00,000,000, the separate value-added tax of 240,000,000 at the time of filing a completion of construction permit after completion of construction permit of 10,000 as at the time of filing a commencement report (10), 240,000,000

B. On September 13, 2016, the Plaintiff paid KRW 40 million out of the down payment of the instant contract to the Defendant.

C. The Defendant: (a) prepared a construction-oriented book and received a notice of review on September 27, 2016; (b) received the second application for construction review on October 2, 2016; and (c) received a notice of review.

On October 26, 2016, the Defendant issued the Plaintiff with the design drawings, etc., which the Defendant had worked until that time.

[Ground of recognition] Evidence Nos. 1 through 3, Evidence Nos. 1 to 1 (Evidence No. 1) and the purport of the whole pleadings

2. Assertion and determination

A. In order to pay the balance of the land purchased by the Plaintiff as the instant construction site for Plaintiff 1’s assertion, the construction permit was obtained until January 25, 2017, and the Plaintiff would bear the financial costs of the seller until that time. As such, the Plaintiff need to obtain the construction permit promptly.

Defendant also.

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