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(영문) 부산지방법원 2020.04.02 2019나3377
계약금반환 등
Text

1. The plaintiff's appeal is all dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. On June 8, 2017, the Plaintiff drafted a contract for the removal of real estate located in Defendant B Co., Ltd and in Busan, Jin-gu (hereinafter “instant removal construction”) with respect to the contract amount of KRW 40,000,000, and the removal period from June 9, 2017 to June 30, 2017, and paid KRW 5,000,000 as down payment to Defendant B Co., Ltd on the date of the contract.

B. Article 9 of the above removal construction contract provides, “When Defendant B Company violated its obligations under this contract or performs construction works in a manner inconsistent with the Plaintiff’s instructions, the Plaintiff may terminate the contract when it is notified of correction and is still not corrected,” and Article 12 provides, “Civil Petitions shall be subject to consultation between Defendant B and the Plaintiff.”

C. On June 15, 2017, Defendant B Co., Ltd. issued a certificate of permission to occupy and use the road with respect to the removal of the instant case, and paid the fees for occupancy and use.

On July 27, 2017, the Plaintiff drafted a contract amount of KRW 37,00,000 for the removed construction of this case and the Defendant C (mutual name: E) and the date of commencement on August 2, 2017, and the date of completion on September 2, 2017. On the date of the contract, the Plaintiff paid KRW 10,000,000 for the down payment to Defendant C.

E. The above private construction contract does not provide for a separate termination-related content, and Article 9 other provisions of the same Act provides that “civil petitions generated in the field shall be treated by the Plaintiff. Equipment charges, personnel expenses, and other additional costs incurred when the construction is delayed due to civil petitions shall be paid by the Plaintiff.”

F. The Plaintiff filed the instant lawsuit in the complaint and expressed its intent to notify the Defendants of the termination of the construction contract.

[Ground of recognition] Unsatisfy, Gap evidence 1, 2, 4 and Eul evidence 1 to 4.

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