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(영문) 창원지방법원 2017.11.23 2017가합52286
매매대금 반환
Text

1. On August 25, 2017, the Plaintiff (Counterclaim Defendant) paid KRW 746,84,514 to the Defendant (Counterclaim Plaintiff) and KRW 327,18,122 among them.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Defendant was entrusted with the sale of commercial buildings in Changwon-si's counter B apartment complex by Quaker Quaker Co., Ltd. (hereinafter referred to as "Mesker Quaker").

B. On May 29, 2015, the Plaintiff concluded a sales contract with the Defendant with respect to the above Nos. 1 L201, L202, and L204 (hereinafter “each of the instant shopping districts”) on the following terms:

2. The intermediate payment of 201: 27,130,000 won or less (in case of a contract): 200,130,000 won or more (in case of an intermediate payment of 205: 20,130,000 won or less (in case of an intermediate payment of 205: 20,130,000 won or less): 27,130,00 won (in case of an intermediate payment of 205: 20,630,60,500 won or less (in case of an intermediate payment of 20: 16: 27,130,000 won or more); 135,650,000 won or less (in case of an intermediate payment of 205: 20,000 won or more (in case of an end of 25, 2016)

C. On May 29, 2015, the date of the contract, the Plaintiff paid the Defendant a total of KRW 80,270,000 (=L201, 271,300,000 L202 L202, 271,300,000 L204 and KRW 260,100,000). The total intermediate payment of KRW 321,080,000 (=L201, 108,520,000 (27,130,000 x 4) L202 and KRW 108,520,00 (27,130,000) x 4) x 204,000 (L204) x 204,000) x 204,000 x 000)

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