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(영문) 서울중앙지방법원 2014.10.24 2013가합560715
약정금
Text

1. The defendant is based on the ratio of KRW 178,300,000 to 20% per annum from January 7, 2014 to the date of full payment.

Reasons

Basic Facts

On April 4, 2010, the Plaintiff entered into a sales contract between the Defendant and the Defendant to purchase the instant land in the amount of KRW 6 billion (the payment period: KRW 600 million at the time of the contract, the remainder of KRW 5.4 billion at the time of the contract, and the real estate sales contract (hereinafter “instant contract”) including the following special agreement, in order to carry out the apartment housing business (hereinafter “instant business”) with 180 households on the Dong-gu Busan Metropolitan City (hereinafter “instant land”) owned by the Defendant.

Article 9 (Matters of Special Agreement)

3. In the process of the authorization and permission of the design office, if the authorization and permission of the project is not finalized within 3 months after the conclusion of this contract, such as the outline of the accompanying design, this contract shall be terminated, and if this contract is terminated for the foregoing reason, A (the defendant) shall be the first party to B (the plaintiff) immediately return the down payment.

4.A (a bank) shall bear in full the interest accrued from the contract date for the interest of KRW 1,735,00,000 (a bank) currently being financed by A;

(25th of each month) On April 5, 2010 and June, 2010, the Plaintiff paid 150 million won to the Defendant as down payment, and around the 5th of the same month, the Plaintiff entered into a design service contract for the authorization and permission of the instant business (the contract also provides that the authorization and permission shall be granted within three months from the date of the contract) with the non-party KIKO Comprehensive architectural Office and the design service contract for the authorization and permission of the instant business.

7. 33 million won was paid as down payment.

On the other hand, the plaintiff is in accordance with the above special agreement.

4. and 5.Around each other, one bank has paid interest of KRW 10,300,50.

However, on June 2010, the same year which was later than three months after the date of the design service contract and the contract of this case by the first executive officer of the Republic of Korea.

7. When it is evident that the business authorization or permission of this case is not available until April, the plaintiff is again unable to obtain the business authorization or permission of this case.

6.24. Conclusion of a contract for civil engineering and design services with the continental Comprehensive Technical Group;

7.2. dated 2.0

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