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Reasons
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(영문) 서울중앙지방법원 2018.08.17 2017가합586647
분양대금 반환 등
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1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. The Plaintiff and Defendant D Co., Ltd. (hereinafter “Defendant D”) entered into a supply contract between the Plaintiffs and Defendant D Co., Ltd.

B. As between April 11, 2015, G hotel (hereinafter referred to as “instant hotel”) to be constructed in the Flock in Jeju Island on April 11, 2015.

(2) On June 22, 2015, the Plaintiff-B concluded a contract with the Defendant to be supplied with KRW 186,320,40 with KRW 188,484,40,00 for KRW 188,484,40 for the instant hotel I and J as well as KRW 183,50 for the instant hotel I and J as well as KRW 186,320,40 for each of them. (2) On February 13, 2015, the Plaintiff-B concluded a contract with the Defendant to be provided with KRW 186,320,40 for the instant hotel H as well as the instant hotel’s price for KRW 188,484,400 for the instant hotel as of April 10, 2015, and the contract to be provided with KRW 18,484,400 for each of them as of June 22, 2015.

3) On June 25, 2015, Plaintiff C entered into a contract with Defendant D to be provided with KRW 188,484,400 for the hotel N of this case (hereinafter the Plaintiffs entered into a contract with Defendant D to be provided with the hotel hotel of this case) (hereinafter the “instant supply contract”).

B) The Plaintiffs paid down payment and intermediate payment KRW 18,848,440 to Defendant E Co., Ltd. (hereinafter “Defendant E”), and KRW 75,380,00 to the instant hotel H, and KRW 18,350,720 to the intermediate payment, KRW 73,390,00 to the instant hotel I, and KRW 18,632,040 to the instant hotel J, and KRW 74,510,00 to the intermediate payment, respectively.

2) Plaintiff B paid 18,632,040 won and intermediate payment 74,510,000 won and intermediate payment 18,848,440 won and intermediate payment 75,380,000 won and intermediate payment 18,848,440 won and intermediate payment 75,380,000 won with respect to the hotel M of this case. Plaintiff C paid 18,848,440 won and intermediate payment 75,380,000 won with respect to the hotel N of this case. Plaintiff C paid 18,848,440 won and intermediate payment 75,380,000 won to Defendant E.

C. Delay in the completion of the hotel of this case and termination of the contract by the plaintiffs 1.

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