(영문) 인천지방법원 2020.01.16 2019가단206895

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(영문) 인천지방법원 2020.01.16 2019가단206895

채무부존재확인

Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff) B and Defendant C are dismissed.

2...

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On September 3, 2014, the Plaintiff (former: I) entered into a contract to sell the instant commercial building among the instant buildings constructed on the instant land to Defendant B (hereinafter “instant contract”) and received down payment of KRW 90,670,910 from Defendant B on the same day.

The instant contract contains the following contents (in the contract, the Plaintiff and Defendant B referred to as “A”); and J Co., Ltd. (hereinafter “instant contractor”) as a responsible contractor (hereinafter “instant contractor”).

The scheduled date for completion of a project: The scheduled date for occupancy in October 2015: the estimated occupancy date of October 2015 (the scheduled date for the occupancy may be changed according to the process, and the accurate occupancy date may be later notified): - the total sale price of KRW 453,354,549 - the total sale price of KRW 122,757,067 - the land price of KRW 300,543,165 - the value-added tax: 30,54,317 - the date of payment of the contract amount of KRW 30,054,317 - the contract amount of KRW 90,670,910 (the contract amount of KRW 20%) - the intermediate payment of KRW 90,670,910 (the payment of KRW 20%) - the balance of KRW 181,341,910 on the date of delivery (the remainder of the contract amount of KRW 40).

Article 11 (Contract Elimination and Penalty) (1) In case where Party B performs an act falling under any of the following subparagraphs, Party A may cancel this Agreement if Party B does not perform it after giving two peremptory notices of performance.

(3) Where this contract is terminated for reasons falling under paragraphs (1) and (2) of this Article, the down payment shall be attributed to A to the penalty, and the amount excluding the penalty out of the already paid supply amount shall be refunded to B, but the unpaid overdue charge of B and the part payment interest of B paid by B shall be returned to B after deducting the amount in advance from the estimated return amount.

Additional special agreements:

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