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(영문) 대구지방법원 2020.01.15 2019나308820
계약금반환
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of appeal are borne by the Defendant (Counterclaim Plaintiff).

Reasons

1. The defendant's grounds for appeal citing the judgment of the court of first instance are not significantly different from the argument in the court of first instance, and the fact-finding and judgment of the court of first instance are justified even if the evidence submitted in the court of first instance is added to the evidence submitted in this

Therefore, the reasoning of the judgment of this court is that of the first instance judgment, except for adding the following parts and the judgment equivalent to that of paragraph (2), and therefore, it is accepted by the main sentence of Article 420 of the Civil Procedure Act.

D) The part of the judgment of the court of first instance concerning the dismissal is as follows: 6 pages 5 of the judgment of the court of first instance and each “2018.....”

2. The addition;

A. In light of the following circumstances in light of the Defendant’s grounds for appeal, it cannot be deemed that the implementation of the instant service contract was delayed due to the Defendant’s reasons for appeal.

Therefore, the part of the plaintiffs' claims that cancel the service contract of this case and claim the return of the down payment of KRW 10 million due to the delay of the defendant's performance is unfair. Upon the defendant's counterclaim claim, the plaintiffs are jointly obligated to pay the defendant the amount of KRW 26 million and the additional service cost of KRW 10.8 million, which is the sum of KRW 36.8 million.

① On September 15, 2017 and December 20, 2017, the Defendant completed the implementation by delivering all design documents under the instant service agreement to K Co., Ltd. and L Co., Ltd. designated by the Plaintiffs.

② On March 7, 2018, after the preparation of the instant special agreement, the Plaintiffs issued to the Defendant a written consent for creation of superficies and a power of delegation necessary for building permission, thereby delaying the building permission.

③ The date of preparation of the instant special agreement is March 5, 2018, and the date of construction permission stipulated in the instant special agreement is March 15, 2018, and it is impossible to obtain construction permission within 10 days.

If the service payment is not performed within a specified period, the agreement to waive the service payment itself is null and void in violation of the social rules.

B. Determination Doesck;

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