(영문) 인천지방법원 2016.03.31 2015가합1136

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2016.03.31 2015가합1136

약정금

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1. The Defendant’s KRW 200,000,000 as well as 5% per annum from July 1, 2008 to March 31, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. On September 18, 2007, the Defendant entered into a contract with C (hereinafter referred to as “instant sales agency contract”) under which the Defendant, with respect to the construction of the main complex building (hereinafter referred to as “instant building”) on the land outside D and 24 parcels of Ulsan-gu, Ulsan-gu, Seoul-gu, and the non-party company (hereinafter referred to as “instant project”) to sell the instant building by proxy (hereinafter “instant sales agency contract”).

The sales agency contract of this case includes the following matters:

Article 2 (Scope of Sales Services) It shall be limited to apartment buildings, business facilities, and sales agency business of the building of this case executed by the non-party company.

Article 3 (Time for Payment and Return of Parcelling-Out Deposit)

1. 70 million won shall be paid to the non-party company in this contract.

[The 3.50 million won in this amount shall be paid at the time of P.F., and the remaining 3.50 million won shall be refunded at the time of P.F., and the remaining 3.50 million won shall be refunded at the time of Sale of Apt 70%] 2.50 million won in the amount shall be paid by the defendant on September 18, 2007, and the balance shall be paid by October 14, 2007.

This contract shall be null and void and shall also lose the effect of the authentication.

B. On October 12, 2007, the Plaintiff entered into the following contract with the Defendant (hereinafter “instant agreement”), and paid KRW 200 million to the Defendant on October 15, 2007 in accordance with the instant agreement.

In the sales agency of the building of this case, the representative E and the non-party company and the counterpart company entered into a sales agency contract of the building of this case. The defendant representative E and the plaintiff enter into a contract as follows.

1. Of the sale deposit amount, KRW 200 million shall be provided by the Plaintiff, and the representative of the Defendant E by the end of June 2008 shall, in principle, refund KRW 200 million to the Plaintiff.

2. In principle, the refund of KRW 200 million out of the apartment sale deposit shall be made with the content of notarial documents concluded with the representative of the defendant E and the non-party company.

P.F.At the time, 50% of the deposit for sale shall be refunded.

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