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(영문) 서울서부지방법원 2016.11.03 2016가단2430
계약금반환등
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Defendant Union is a partnership established to run a housing redevelopment project that constructs F apartment units with a scale of 1,230 square meters on the land of Eunpyeong-gu Seoul E 74,820 square meters, and is an executor of a commercial building with a scale of 29 individual stores with 1,230 square meters on the ground of the above apartment complex (hereinafter “instant commercial building”). The Defendant Construction is the pilot of the instant commercial building.

B. The Defendant Daewoo Construction entrusted the sales agency business of 12 general stores among the instant commercial buildings, and the Defendant Daewoo Construction concluded a service contract with G Co., Ltd. with the sales agency service company, thereby allowing the said company to perform the sales agency business.

Defendant D took charge of the sales promotion of the instant commercial building from June 23, 2015 to June 30, 2015 as employees of the said G Co., Ltd.

C. The sale of 12 general stores among the instant commercial buildings was conducted by means of open competitive bidding, and the Plaintiffs participated in the open competitive bidding implemented on June 30, 2015 and participated in the bid bid Nos. 201 and 202, and Plaintiff A was awarded the bid Nos. 203.

On July 1, 2015, Plaintiff B entered into a contract for the supply of each commercial building (hereinafter “each of the instant commercial building supply contracts”) with the Defendant Cooperative with the selling price of KRW 375,000,000, and KRW 285,000,000 as to No. 202 as to No. 203 as to No. 203, and the Plaintiff A paid the down payment equivalent to 10% of each of the selling prices to the Defendant Cooperative on the same day.

The remaining payment date of each of the instant commercial supply contracts shall be the end of the “period of priority designation” publicly announced by the Defendant Union, and if the payment of the balance is delayed, the late payment charges shall be added to the sum of the average credit interest rate among the deposit banks announced by the Bank of Korea at the time of entering into the contract and the additional interest rate for each overdue period set by the highest bank at the market share of household funds loan market. The Plaintiffs are publicly notified by the Defendant Union.

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