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(영문) 인천지방법원 2019.06.14 2018나63139
계약금배액 등
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff is a company with the purpose of establishing housing rental management business, real estate management business, etc., and the Defendant is a company with the purpose of establishing real estate development business, new construction, sale in buildings, agency business

B. From around August 2016, the Defendant started the business of newly constructing and selling the Gtel buildings of the 2nd underground and the 14th above ground on three parcels, including Suwon-si F, Suwon-si, and Suwon-si (hereinafter “instant building”).

C. On December 29, 2016, the Defendant introduced the Plaintiff from L which was scheduled to act as a sales agent for the instant building, and entered into a facility management contract and lease management contract with the Plaintiff (hereinafter “instant service contract”). D.

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

(A) “A” is the Defendant, and “B” is the Plaintiff). [Management Contract] Article 2(1) of the “B” refers to the purpose of collecting the general management and management expenses of the section for common use of buildings on behalf of “A”.

Article 3 (Contract Deposit) (1) “B” is deemed to have established the contract that “B” determines the number of floors and heading rooms among the above buildings and purchases four units. The down payment of this contract shall be deemed to be the same as the down payment for the four units sale contracts (when the facility and lease management contract is rescinded, four units sale contracts shall also be rescinded.

2) 2) The unit of “B” is the unit of G-type accommodation H, I, J, and K, and the down payment per unit of each unit is KRW 10,00,000.

The sale price is 95,00,000 won per head office.

Article 10 (Penalty) (Penalty) In the event that the “B” fails to perform, the contract deposit for the sales contract for the four houses shall be deemed the penalty and shall not be returned, and if the “A” fails to perform, the double of the contract deposit shall be compensated to “B”.

[Lease Management Contract] (1) Real estate indication: Contract purpose of G-type accommodation (2) contract in Suwon-si F, Q, and R: Self-lease Management (A) of 180 households.

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