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(영문) 서울동부지방법원 2019.11.14 2018가합110699
위약금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

1. Of down payment of KRW 850,000,000, 500,000 shall be paid simultaneously with the contract and the balance of KRW 350,00,000 shall be paid up until September 21, 2017.

2.D, E, F, G, and H are conducted as an after-sales joint undertaking, and any balance, other than down payment (excluding contract payments and partial intermediate payments), other than down payment, shall be settled by agreement as a substitute.

D. E = KRW 90 million per square, i, J, F, G, and H KRW 65 million per square year

3. The contracts of I, J, D, F, G and H shall be en bloc processed within 50 days.

4.The contract date of E shall be separately consulted.

5. In the event that the progress of business is impossible, the seller shall refund the full down payment.

On August 8, 2017, the Defendant: (a) sold the purchase price of the Songpa-gu Seoul Company D land and buildings thereon (hereinafter “instant real estate”) owned by the Defendant to the Nonparty Company in KRW 8,500,000; (b) the Nonparty Company paid KRW 500,000,000 out of the down payment of KRW 850,000,000 to the Defendant on the date of the contract; and (c) the remainder of the down payment of KRW 350,000,000 to the Defendant on September 21, 2017; and (d) concluded a sales contract to separately consult after the conclusion of the contract (hereinafter “instant sales contract”). The special terms and conditions of the instant sales contract are as follows.

B. The sales contract of this case states the buyer’s “foreign company” and “K” and the buyer’s agent as the buyer’s agent.

C. On August 8, 2017, Nonparty Company paid the Defendant KRW 500,000,000, out of the down payment of KRW 850,000,000 according to the instant sales contract.

On August 31, 2017, Nonparty Company requested the Plaintiff to recover KRW 500,000,000 paid to the Defendant according to the instant sales contract. On September 13, 2017, the Plaintiff paid KRW 290,000,000 to the Nonparty Company and KRW 260,000,000, respectively, on September 26, 2017.

E. Meanwhile, the non-party company conspired with the Plaintiff and the Defendant to forge the redevelopment project consent form in the name of L.

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