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(영문) 수원지방법원 2019.04.17 2018가합20524
매매계약금 등 반환
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts (applicable for recognition: Fact that there is no dispute, entries in Gap evidence 1 and 2, and purport of the whole pleadings);

A. On January 5, 2017, the Plaintiff entered into a contract with the Defendant for the purchase of the first floor of the building C (hereinafter “instant commercial building”) as follows (hereinafter “instant sales contract”). The contract states “the exclusive use of convenience store” as the said contract.

Article 2 [Methods of Sale and Payment] (2) The plaintiff shall pay the sale price (including value-added tax) as follows, and the defendant shall not be obliged to notify the plaintiff of the payment date of the part payment separately.

Contract deposit (1) : 105,798,600 won (2nd): The intermediate payment (105,798,600 won) on February 5, 2017: 105,798,600 won on May 5, 2017: The intermediate payment (2nd payment): The intermediate payment (3rd payment) on August 5, 2017: 105,798,60 won on August 5, 2017: The intermediate payment (4j) on November 105, 2017: 105,798,60 won on February 5, 2018; the remainder of KRW 423,194,400 on February 5, 2018; the Plaintiff may cancel the contract under any of the following subparagraphs:

1. Where the salesroom occupants have been delayed for not less than five months from the original scheduled date of salesroom occupants due to a cause attributable to the defendant: Provided, That where the salesroom occupants are delayed due to an unavoidable cause, such as a natural disaster or an administrative order unrelated to the cause attributable to the defendant, the plaintiff

Article 12 (Penalty and Refund) (3) Where a contract is rescinded due to reasons other than Article 11 (1) and (2) or the defendant, a person responsible for cancellation of the contract shall pay 10% of the total purchase price to the other party as penalty.

Article 17 (Loaned Loans) - When an intermediate payment is available, the relevant plaintiff shall pay the intermediate payment directly on the date of the payment of the intermediate payment, and shall bear the overdue charge under Article 6 (1) at the time of the unpaid payment.

(2) A loan granted by a loan financial institution arranged by the defendant out of the sale price.

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