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Reasons
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(영문) 의정부지방법원고양지원 2015.05.20 2014가합8752
계약금반환 등
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1. The Defendants respectively,

A. From November 30, 2014 to May 20, 2015, Plaintiff A’s KRW 100,998,904 and its amount.

Reasons

1. Facts of recognition;

A. The Defendants delegated the authority to sell the said building and delegated the authority to sell the said building to J in order to sell the said building on the land of the G and H both of their own land (hereinafter “I”). The J concluded a sales contract with the Plaintiffs on behalf of the Defendants regarding each of the units of the said building on behalf of the Defendants.

B. On March 22, 2014, Plaintiff A concluded a sales contract with the Defendants on March 22, 2014, Plaintiff A concluded a sales contract with the Defendants on March 16, 2014; Plaintiff A paid the Defendants KRW 2,00,000 on March 16, 2014; KRW 23,500,000 on March 22, 2014; and KRW 70,000 on intermediate payment on June 17, 2014; Plaintiff A sent a sales contract with the Defendants on July 14, 2014 to the effect that the sales contract was rescinded on the grounds of the Defendants’ non-performance of the sales contract; J cancelled the sales contract on July 24, 2014; and Plaintiff A returned money to Plaintiff A by no later than September 30, 2014.

3) On November 11, 2014, J: (a) with respect to the return of down payment and intermediate payment to Plaintiff A, the payment note of the following content (hereinafter “instant payment note”).

was drawn up and issued.

Letter of Payment

1. The repayment period of down payment and intermediate payment shall be until November 29, 2014.

2. The interest on the intermediate payment from June 18, 2014 to September 30, 2014 shall be paid at 7% per annum.

3. The amount of damage incurred due to delay in down payment and intermediate payment, which was promised to be paid by September 30, 2014, shall be paid in addition to the amount of KRW 3,000,000.

4. Repayment details - The intermediate payment of KRW 25,500,000: 70,000 won to June 18, 2014 (7%) interest from June 18, 2014 to September 30, 2014: 1,400,000 won to October 1, 2014; the amount incurred due to delay in the return of down payment, intermediate payment (7%) and intermediate payment: 3,00,000 won due to delay in the return of down payment, intermediate payment (7%) and intermediate payment:

C. On August 23, 2014, Plaintiff B concluded a sales contract and the rescission of agreement with the Defendants on August 23, 2014.

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