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(영문) 수원지방법원 2015.09.15 2014가단40769
공사대금반환
Text

1. The defendant shall pay 80,000,000 won to the plaintiff and 20% per annum from July 19, 2014 to the day of complete payment.

Reasons

Facts of recognition

On August 21, 2007, the Defendant concluded a sales contract with the content that the Defendant would sell KRW 2314 square meters (hereinafter “instant sales contract”) out of the instant forest to the Plaintiff for KRW 630 million (hereinafter “instant sales contract”) and sell the remainder to FG (G name) and H, respectively.

The Plaintiff paid to the Defendant a total of KRW 110 million on August 22, 2007, KRW 60 million, KRW 20 million on October 16 of the same year, and KRW 30 million on December 5 of the same year.

On the other hand, on April 8, 2008, the Plaintiff entered into a contract with J and the instant sales contract to contract the construction of new manufacturing facilities on the ground of land subject to the instant sales contract to KRW 84 million, and the remaining buyers entered into a contract with J respectively.

After all, provisional attachment and request for auction regarding the forest of this case were made, and I proposed to the Plaintiff that “the purchaser would pay the land price with the loan and rapidly construct the forest of this case by releasing the seizure of the forest of this case.” The purchaser of the forest of this case, including the Plaintiff, borrowed 1.8 billion won each around July 10, 2008, and paid part of the purchase price of the forest of this case 1.53 billion won and the construction price to J as to the forest of this case.

However, on July 10, 2008, the loan of other buyers was not smoothly made by the Plaintiff, and on which July 10, 2008, the Plaintiff paid the Defendant the remaining purchase and sale amount of KRW 600 million exceeding KRW 520,000,000,000, the Plaintiff received receipts from the Defendant that the Defendant received KRW 710,000,000 from “part of the contract amount, intermediate payment, balance, and construction work amount (80,000,000)” and decided to settle the transfer of ownership in detail.

After that, this case.

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