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(영문) 부산지방법원 2015.11.19 2014가합7011
계약금반환
Text

1. Defendant B Co., Ltd. shall pay KRW 63,00,000 to the Plaintiff and 6% per annum from June 23, 2015 to November 19, 2015.

Reasons

1. Basic facts

A. On November 7, 2007, Defendant B Co., Ltd. (hereinafter “Defendant Company”) concluded a contract to lease on a deposit basis with the purpose of real estate construction business, lease business, etc., and on November 16, 2007, the Plaintiff entered into a contract to lease on a deposit basis with the Defendant Company and the Defendant Company at KRW 80,000,000 for E-Ba (hereinafter “E-Ba”) located in Busandong-gu, Busan, and completed the registration of the lease on a deposit basis with the Busan District Court No. 63674, Nov. 16, 2007.

B. On September 16, 2008, Nonparty F filed a lawsuit against the Defendant Company to remove E-Ba on the ground that E-Ba was illegally constructed, and obtained a favorable judgment on August 12, 2009. The Defendant Company appealed (Seoul High Court Decision 2009Na13897) but was dismissed on January 11, 201, and became final and conclusive around that time.

C. The Plaintiff agreed with the Defendant Company on April 16, 2012, which received KRW 40,000,000 from the Defendant Company and handed over KRW 801,00,000, due to concerns that E-Ba could not receive the key money for lease deposit for E-Ba 801 upon the removal of E-Ba.

However, on April 18, 2012, the Defendant Company solicited the Plaintiff to purchase E.L. 602 at a low price instead of receiving KRW 40,000,000,000, and accordingly, the Plaintiff decided that the purchase price was KRW 205,000,000, down payment was KRW 90,000,000, and the remainder was 115,000,000,000.

A) The Plaintiff concluded a down payment. Of KRW 90,000,000, the Plaintiff offseted KRW 40,000,000 against the Defendant Company’s claim for lease deposit against KRW 40,000 under an agreement on April 16, 2012, and the remainder of KRW 50,000,000 paid to the Defendant Company on April 18, 2012. E. The Plaintiff paid KRW 13,00,000,000 to Defendant C, who operates the Indian company on May 10, 2012.

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