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(영문) 서울중앙지방법원 2016.01.20 2015가단5283522
부당이득금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On November 3, 2006, the Plaintiff entered into a contract with the Defendants to purchase KRW 326,50,000 (341,554,00 if the expenses incurred in expanding balcony construction are combined) (hereinafter “instant sales contract”).

B. The main contents of the instant sales contract are as follows.

(A) The Defendants, “B,” and “B,” respectively). Article 1 (Method of Supply and Payment: 16,400,400,32,600,6032,6032,600,6032,6032,6031,31,405(2) of the contract are cancelled once (3) twice (2007. 16, 2007. 16) 2 times (4 times (2008. 16, 2008. 16) 5 times (2008. 16, 2008. 16,40, 400, 32, 600, 6032, 600, 6032, 6032, 600, 6032, 6032, 606, 3203, 604, 204)

1. If “B” commits any of the following acts, the contractor of “B” may rescind this Agreement after giving a peremptory notice, if no performance is made:

(1) When the intermediate payment prescribed in Article 1 has not been paid at least 14 days and the payment has not been made at least two times with the fixed grace period of 14 days or more, and the payment has not been made within three months from the date of the agreement (within one month in the case of the second down payment)

2. “B” may rescind this contract on its own account.

However, where the intermediate payment is paid once, it shall be limited to the case where "A" is recognized.

Article 3 (Penalties)

1.This contract shall be executed on the grounds that it falls under paragraphs 1 and 2 of Article 2.

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