(영문) 수원지방법원 2017.07.06 2016가단542115

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(영문) 수원지방법원 2017.07.06 2016가단542115

약정금

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1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 180,000,000 as well as to the day of full payment from November 18, 2016 to the day of full payment.

Reasons

Facts of recognition

The following facts are recognized by the parties to dispute or by the statements in Gap evidence 1 to 6, Eul evidence 1, defendant C's results of the examination and the purport of the whole pleadings.

On January 18, 2011, the Plaintiff entered into a sales contract with the Defendant Company for approximately KRW 9817 square meters for approximately KRW 1188,817 square meters for forest land, E and F (hereinafter “instant land”) and agreed to pay KRW 180 million for the down payment per contract date, while paying KRW 180,000,000 as the down payment, the Plaintiff agreed to change the name of the permission for development activities and pay KRW 108,000,000 for the remainder within 15 days after the land transaction permission.

On May 201, the Plaintiff agreed to cancel the instant contract with the Defendant Company, and agreed to refund KRW 180 million paid by the Plaintiff when the instant land is sold to a third party.

(hereinafter “instant agreement”). Ownership of the instant land was transferred to Defendant D on June 22, 2016.

Defendant C was the representative director of the Defendant Company from April 30, 2010 to April 30, 2013, and internal directors from April 30, 2013 to January 7, 2015. Defendant D is the internal director of the Defendant Company from April 14, 2008 to April 30, 2010, and from January 7, 2015 to January 7, 2015.

Plaintiff’s assertion

At the time of conclusion of the contract of this case, the defendants agreed to cancel the contract of this case at any time, and immediately return the down payment.

In addition, around May 201, when cancelling the agreement on the instant contract, the Plaintiff agreed to return the down payment paid by the Plaintiff when selling the instant land to a third party. Since the instant land was sold to Defendant D on June 22, 2016, the Defendants are jointly and severally liable to return the down payment KRW 180 million to the Plaintiff in accordance with the instant agreement.

According to the above facts, the defendant company's contract deposit is KRW 180,000,000,000,000 according to the agreement of this case.

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