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(영문) 인천지방법원 2018.04.05 2017가단203007
약정금
Text

1. The Defendant calculated 50,805,800 won with interest rate of 15% per annum from February 3, 2017 to the date of complete payment.

Reasons

(c) may terminate;

1. Where any one of the parties fails to perform his/her contractual obligations under this contract within a reasonable fixed period and notified by the other party for such performance within the maximum period of time. (2) The peremptory notice for performance under paragraph (1) 1 and the declaration of intention for cancellation or termination due to reasons other than those under paragraph (1) 1 shall be made by content-certified mail, and it shall take effect when it reaches the other party;

(3) Where the contract is not performed by the lapse of the maximum period for performance under paragraph (1) 1, this contract shall be automatically rescinded or terminated, and no separate declaration of intent for rescission or termination shall be made.

Article 10 (Establishment of G Research Center) Byung shall establish a G Research Center as an affiliated organization at the new building of the research institute of this case.

A consents to the use of such sub-lease or sick.

Article 11 (Operation of G Research Centers) (1) Byung shall support research conducted after the relocation of the Service.

* The attached Form 1 sets the construction price at KRW 48 million (excluding value-added tax) on the instant research institute based on the estimate statement submitted on October 16, 2014 by Young-dong Construction Co., Ltd. (hereinafter referred to as “Ydong Construction”) with respect to the instant research institute.

*The attached 2 is the electric light equipment of the instant research institute, heat equipment, sanitary pipes, collaborative pipes, and ventilation pipes, respectively.

B. On November 5, 2014, the Plaintiff concluded an occupancy agreement with the Defendant and the Korea University Industry-Academic Cooperation Foundation (hereinafter “instant occupancy agreement”).

C. At the time of concluding the instant occupancy contract, the Defendant paid KRW 5,589,100 to the Plaintiff as down payment. This is the amount calculated by adding KRW 508,100 by mistake to KRW 5,081,00, which is 10% of the lease deposit based on the size (=250,000 x 203.24 x 10%).

The plaintiff entered into a construction contract with the Youngdong Construction to support the moving-in of the research institute in this case, and the construction cost is as follows.

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