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(영문) 창원지방법원 진주지원 2018.05.30 2017가단5941
계약금 및 중도금 반환
Text

1. The Defendant shall pay to the Plaintiff KRW 70,00,000 and the interest rate of KRW 15% per annum from February 7, 2017 to the date of full payment.

Reasons

1. The facts below the basis facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1 to 4.

On February 17, 2016, the Defendant concluded a sales contract with the following terms as the seller, E, F, and G representative director (Plaintiff) as the buyer, and the contract will be reversed in the event that the intermediate payment is not possible.

Provided, That the part payments shall be paid at the time of the payment of bank works by the public corporation.

The sales amount of KRW 100,000,000,000,000,000 for the contract, which is the down payment of KRW 1,00,000,000,000,000,000 for the contract (on the account of seller’s designated account) and the intermediate payment of KRW 100,000,000,000 for the remainder payment of KRW 30,000,000 for April 30, 2016 was remitted from the Defendant’s account on February 19, 2016 to the Defendant’s account from February 20, 2016.

B. On April 15, 2016, F entered into a sales contract as follows (hereinafter “instant sales contract”) with respect to “1,300 factory sites for Sacheon-si H or D control area” owned by the Defendant as the Defendant’s agent, the Plaintiff as the purchaser, and I as the observer, and the following terms of payment after completion of the factory in April 15, 2016, at the time of the contract of KRW 377,000,000, KRW 30,000,000, KRW 30,000,000, KRW 40,000,000, KRW 307,000,000, KRW 000, KRW 15,2000, KRW 2000, KRW 2016.

1. The above site shall be calculated in the amount after the completion of the civil works.

2. By the time of the permit and completion of the building, the props shall be responsible and arranged.

3. 1,300 square meters calculated on a working site of 4,300 square meters shall be calculated.

4. The correct number of plane shall be calculated at the time of completion of the partition of a site.

On the same day, 20 million won was transferred from G account to the defendant's account, and 20 million won was transferred from G account to the defendant's account on April 18, 2016.

(c).

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