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(영문) 대전지방법원 2019.05.16 2017가단203845
계약금반환청구
Text

1. Defendant C Co., Ltd. shall pay to the Plaintiff KRW 200,000,000 as well as its annual interest from August 6, 2016 to March 15, 2017.

Reasons

1. Basic facts

A. The Plaintiff is a person who promoted the establishment of a regional housing association in the Daejeon D District, and the Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”) is a company with the objective of real estate development business.

B. On June 2, 2015, the Plaintiff entered into a land purchase services contract with Nonparty Incorporated Incorporated Company E (hereinafter “Nonindicted Company”) (hereinafter “the first services contract”) (hereinafter “the Plaintiff”).

On July 29, 2015, the Plaintiff, the Nonparty Company, and the Defendant Company entered into a contract on the succession of rights and obligations with the purport of transferring all rights, obligations, and contractual matters under the first service contract to the Defendant Company and allowing the Plaintiff to approve it. On the same day, the Plaintiff and the Defendant Company entered into a land purchase service contract with the same content as the first service contract (hereinafter “instant service contract”).

The main contents of the instant service contract are as follows.

Article 2 [Details of Services and Services] The plaintiff shall request the defendant company to provide the following services, and the defendant company shall accept such request:

The content of service (subject) : 50% of the down payment : 50,000,000 intermediate payment : 10,000,000, 855% of the 10,000,000 of the 1 month after the payment of the down payment after the month of the payment of the first down payment of the non-high down payment payment under Article 3 [the service payment method (the total amount of the service payment and the additional tax)] (the payment period) of the 2-stage F land purchase business in the Daejeon Metropolitan City D District (the service contract is not a real estate purchase brokerage contract). The plaintiff shall pay the defendant company the service amount (the separate tax) as follows after the completion of the 100% incentive contract after the payment of the remainder of the FF land payment.

Article 4 (Execution of Services, etc.)

4. The term of F Service is from June 1, 2015 to November 30, 2015.

If it is deemed necessary to extend the service period through mutual consultation, the service period may be extended.

Article 5 (Special Agreement)

4. The plaintiff is responsible for the defendant company.

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