(영문) 대전지방법원 2019.01.16 2018가합767

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(영문) 대전지방법원 2019.01.16 2018가합767

계약금반환

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1. The Defendant: (a) KRW 221,247,400 for the Plaintiff and KRW 5% per annum from May 26, 2018 to January 16, 2019; and (b).

Reasons

Basic Facts

The name of delivery: The delivery date of the goods supplied by the Deputy Director of the Shcellece or the neighborhood living facilities: The date scheduled for the commencement of March 5, 2018: The amount on March 7, 2018: the amount on which the order is issued: KRW 1,210,000 ( KRW 1,210,000): The contractor for the contract: The plaintiff: the plaintiff, Article 19 (1) may cancel or terminate all or part of the contract in any of the following cases:

1. Where the defendant fails to commence construction works even after the lapse of the agreed commencement date without any justifiable ground;

2. The cancellation or termination of a contract pursuant to the provisions of paragraph (1) shall take effect by notifying the Defendant of the cancellation or termination when the contract is not performed within the specified period after the Plaintiff written notice thereof.

Article 20 (Cancellation, etc. of Contract by the defendant) The contract amount shall not be returned for the unilateral termination of contract due to the plaintiff's reasons not attributable to the defendant.

Article 21 at the time of termination of the contract (1) In case of the unilateral termination of the contract of the plaintiff, the defendant shall not return the down payment and intermediate payment paid by the plaintiff, and may additionally claim the additional amount.

Provided, That if the plaintiff's building permit is not available, the defendant shall refund the amount excluding the original details.

[Matters of Special Agreement]

1. The total project budget shall be designated as 1.1 billion won of the value of supply and shall not exceed that;

On March 5, 2018, the Plaintiff entered into a contract (hereinafter “instant contract”) with the Defendant for the construction of new neighborhood living facilities (hereinafter “instant construction”), including farmland preservation charges, development charges, and other construction cost) as follows:

The Plaintiff, under the instant contract, as the down payment to the Defendant on February 30, 2018, KRW 000,000, and KRW 20,000,000 on February 28, 2018, and KRW 15,00 on February 28, 2018.

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