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(영문) 대전지방법원 2020.05.27 2019나100699
계약금반환등
Text

1. The appeal by Defendant C Co., Ltd is dismissed.

2. The costs of appeal shall be borne by Defendant C Co.

purport.

Reasons

A. Since only the Defendant Company appealed and the part of the claim against B in the judgment of the court of first instance is separated and finalized, the scope of the judgment of this court is limited to the claim against the Defendant Company for the return of down payment, which is the part against the Defendant Company.

Basic facts are the reconstruction association established for the housing reconstruction project of A apartment on the ground of 3,205 square meters in Seo-gu, Seoan-gu, Seoan-gu, Incheon. The plaintiff is a reconstruction association established for the housing reconstruction project of A apartment on the ground of 3,205 square meters, and the defendant company is a company that operates the building construction business, etc., and the defendant company B

Implementation Agency Contract

1. The name of the project owner (tentative name) A apartment reconstruction association (referring to the plaintiff): A apartment design supervision and removal, precise safety diagnosis;

2. The name of subcontracted project: Supervision of design and precise safety diagnosis on removal;

3. The construction site: D in Seo-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do.

4. Period of contract: From October 10, 2015 to December 30, 2015;

5. Contract amount: The amount of KRW 350,000,000 (350,000,000) which is set aside from the safety diagnosis of design supervision and removal precision* Labor cost under the provisions of Article 84 of the Enforcement Decree of the Framework Act

6. Payment (A) Payment of the price for a down payment: 1,000 won in daily gold (70,000,000) (1) part payment within three days after the conclusion of the contract: The payment shall be made in lieu of the defendant company.

C) Balance: A total of KRW 200 million (200,000,000) (2) due date: Payment at the time of obtaining authorization and permission.

10. Liability period: If the defendant company fails to obtain the permission due to unavoidable circumstances within the period, the down payment shall be refunded.

12. In the conclusion of an execution agency contract with the Plaintiff, the details of the contract are as follows: (a) after obtaining authorization or permission, and consultation is transparent to the extent that both parties do not deem damage; (b) arranging all necessary schedule for future reconstruction in consultation with the Plaintiff; and (c) cooperating in the progress of the Defendant Company at present.

Provided, That the contract is cancelled by the plaintiff due to unavoidable circumstances.

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