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(영문) 부산지방법원동부지원 2017.08.10 2016가단201250
계약금 청구의 소
Text

1. All of the claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims filed by the Defendant (Counterclaim Plaintiff) B are dismissed.

2...

Reasons

1. Facts of recognition;

A. Nonparty D obtained from the Plaintiff’s agent E the documents on the land of 2241 square meters and 13 lots of land (hereinafter “instant land”) in Kimhae-si, Kim Jong-si, and delivered them to Defendant C.

B. After examining the documents drawn from D, on December 23, 2015, Defendant C had Defendant C enter the office of Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”) as the office, and requested Defendant C to arrange for the contract with the Plaintiff, with the documents obtained by subtracting the part set forth in the manual from the first page of the certificate No. 1, such as the attached Form No. 1 signed and sealed by Defendant C.

C. On the same day, D agreed that E met or the unit price of the instant land from KRW 180,000 per square day to be lowered to KRW 170,000 per square day, and stated the total purchase price determined accordingly, and obtained E’s signature and seal on December 24, 2015, and then sent it to Defendant C.

The provisional contract of this case shall be referred to as the "attached Form" contract of this case.

(D) On December 24, 2015, the Defendant Company remitted KRW 100 million to the Plaintiff, and remitted KRW 20 million to D. E. On January 7, 2016, the Defendants requested the Plaintiff to return KRW 100 million already paid after reviewing the issue of securing access roads and the feasibility of the instant provisional contract by way of content-certified mail. On January 7, 2016, the Defendants requested the Plaintiff to return the amount of KRW 100 million already paid. [In the absence of grounds for recognition, the Defendants did not dispute over the instant provisional contract, evidence No. 1, evidence No. 2, evidence No. 1, evidence No. 2, evidence No. 6, evidence No. 2, and evidence No. 3,

2. The parties' assertion

A. The Plaintiff’s principal claim of this case: (a) the Defendants expressed their intention of cancellation before the arrival of performance, with the status of paying only KRW 100 million among the down payment of KRW 280 million, pursuant to Article 565(1) of the Civil Act; (b) however, the Defendants still have the obligation to pay the remainder down payment of KRW 180 million.

B. Claim for counterclaim by the Defendant Company and the Defendants’ claim for the provisional contract of this case are described as the address and representative of the Defendant Company.

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