logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2015.07.02 2014나2040150
계약금반환청구
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. Status 1 of the parties, etc.) The Plaintiff is a company engaged in construction and civil engineering, real estate sale business, etc. The Defendant is a company engaged in construction and civil engineering, real estate lease and sale business, etc.; 2) D served as the Plaintiff’s representative director and director from November 2006 to January 4, 2007; G represents as the Plaintiff’s director from January 4, 2007 to March 5, 2007; H represented as the Plaintiff’s director from March 5, 2007 to March 26, 2007; and I represent the Plaintiff as the Plaintiff’s director from March 17, 2008 to June 17, 2008; hereinafter “J”) as the Plaintiff’s director from March 26, 2007 to December 3, 2013.

On the other hand, F is serving as the representative director and director (in-house director) of the defendant from July 11, 2000 to that day.

B. 1) The Plaintiff and the Defendant entered into a sales contract between the Plaintiff and the Defendant, etc. 1) The Plaintiff’s main complex building construction project in Seodaemun-gu Seoul Metropolitan Government (hereinafter “instant project”).

(2) On November 20, 2006, between the Defendant and the Defendant, the Plaintiff and the Defendant share the aggregate of 3,396.274 square meters in five parcels, including 2,963.274 square meters in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, and 3,965 square meters in size located within the land transaction permission zone from the Defendant, and the sum of 3,396.274 square meters in five parcels, including 129 square meters in size in L, M, M, 140 square meters in size, 131 square meters in total, 133 square meters in size in O, and 33 square meters in size in O. (hereinafter “instant project site”).

(3) The sales contract provides that the sales price shall be purchased at KRW 35.9 billion, and the down payment of KRW 1 billion shall be paid at KRW 34.9 billion on the date of the contract, and the balance of KRW 34.9 billion shall be paid at December 26, 2006 (hereinafter “instant sales contract”).

(2) On November 20, 2006, the contract date, the Plaintiff paid the Defendant the down payment of KRW 1 billion (hereinafter “the down payment”) under the instant sales contract, but failed to pay the Defendant any balance under the instant sales contract by the due date.

C. On March 2, 2007, the Plaintiff transferred its assignment to D, etc., KRW 1 billion against the Defendant.

arrow