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(영문) 수원지방법원 2021.01.14 2019가단573585
대여금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

(b)be purchased not more than 2 million won on a flat basis, and should not be purchased in excess of 52.5 million won on a total purchase price;

B The objects of land work in B shall be private land.

The payment of land down payment shall be made in a lump sum at least 95% of all documents necessary for the designation of a district upon an application for designation of a district for urban development.

A shall not be liable to B for the expenses incurred in the course of suspension of the business of the head office due to administrative or other reasons attributable to Party A and due to Party A’s fault.

Article 4 (Remuneration for Provision of Services) Gap shall pay to Eul the fees for the services as follows:

The service cost shall be 3% of the total purchase amount.

The service costs shall be paid to B after deducting taxes such as surtax from the total amount of 3%.

When paying the down payment of this project site in a lump sum, 20% of the total amount shall be paid, and 30% shall be paid at the time when 50% of the union members are collected, and the remaining 50% shall be paid to B within 10 days after the business authorization is granted.

* Contract amounts for services (business promotion cost) shall be one percent of the total service cost, and the time for payment shall be paid at the time of the conclusion of this service contract.

Article 5 (Period of Service) The period of service provided for in this Agreement shall be at least 70% but not more than one month from the date of the service contract to complete the purchase work of the entire land, and may be extended upon consultation with A and B.

Article 6 (Other)

3. B shall invalidate the supply of services to B in the event of failure to receive a district unit and secure a site necessary for the receipt of building authorization or permission.

B. The Plaintiff transferred KRW 1500,000 in total to the Defendant’s account (hereinafter “the instant money”) as follows: (a) KRW 10 million on January 25, 2017; (b) KRW 10 million on February 23, 2017; (c) KRW 30 million on March 30, 2017; (d) KRW 10 million on April 12, 2017; (e) KRW 500,000 on April 222, 2017; and (e) KRW 50,000 on May 19, 2017; and (e) KRW 1,200 on June 3, 2017; and (e) KRW 3,000 on June 16, 2017; and (e) KRW 38,000 on each of the pleadings (including the purport of the entire pleadings).

2. The plaintiff's assertion.

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