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(영문) 서울중앙지방법원 2018.11.08 2017가단5149343
계약금반환 청구의 소
Text

1. The plaintiff (Appointed)'s respective claims against the defendants are all dismissed.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. The designated parties, including the Plaintiff, etc., (hereinafter “Plaintiffs, etc.”) concluded a sales contract with Defendant EFWnB Co., Ltd. (hereinafter “Defendant Co., Ltd.”) on some of the instant officetels in Ansan-si Etel (hereinafter “instant officetels”), and the Defendant Co., Ltd. sold the instant officetels for the purpose of construction business and real estate sales business, etc., and the Defendant Co., Ltd. was a person delegated by the Defendant Co., Ltd to sell the instant officetels by proxy.

B. Around April 2015, Defendant Company: (a) delegated Defendant B with the instant business related to the sale of officetels.

Details of the Agreement

3. The parcelling-out contractor shall pay the parcelling-out price on the date of payment agreement entered in the parcelling-out contract in connection with the payment of the parcelling-out price of the unit.

4. 10% of the total sale price shall be paid at the time of concluding a contract as the down payment with a down payment, and the part payment may be substituted by a loan from a financial institution (60% of the total sale price), but it shall be paid in cash on the date of payment agreement when the loan is not possible due to any cause attributable to the seller;

The 7th part payment and the remainder shall not be substituted with an intermediate payment loan, and shall be paid in cash on the date of the payment agreement.

7. When the seller does not pay any balance of the down payment within the agreed time limit, the contractor may cancel the contract, and when the seller wishes to terminate the contract due to the circumstances or causes attributable to the seller (a simple change, lack of funds, etc.) the amount paid by the seller to the contract (the entire amount within the contract amount) shall be confiscated by the executor, and after the payment of the intermediate payment, the sales agency fees, interest in arrears and financial expenses paid by the company to the buyer.

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