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(영문) 서울동부지방법원 2017.12.14 2016가합109817
계약금반환 청구의 소
Text

1. The Defendant: (a) KRW 500,000,000 for the Plaintiff and 6% per annum from January 1, 2016 to November 22, 2016; and (b) the Plaintiff.

Reasons

1. Facts of recognition;

A. On December 19, 2014, the Plaintiff and the Defendant concluded a joint development agreement with the content of jointly promoting C Construction Project (hereinafter “instant project”).

In addition, on May 7, 2015, the Plaintiff invested 49% of the shares, and the Defendant established D Co., Ltd. (hereinafter “Nonindicted Company”) which is a special purpose corporation (SPC) by investing 51% of the shares in each of the instant businesses.

B. On July 20, 2015, the Plaintiff entered into a package service contract with the Nonparty Company with the content that the Plaintiff was awarded a contract from the Nonparty Company for all matters regarding design purchase and construction works in C, with a total of KRW 2.455 billion (hereinafter “instant service contract”).

C. On August 11, 2015, the non-party company entered into a sales contract with the Defendant to purchase the non-party E and 14 parcels (hereinafter “instant land”) from the Defendant at the time of sowing (hereinafter “instant sales contract”) to 3.2 billion won, and paid the down payment to the Defendant on the same day.

The provisions relating to the instant service contract and the instant sales contract are as follows.

Article 4 (Terms and Conditions of Contracts for Design) (2) of the instant service contract (Terms and Conditions of Contracts for Design) If each of the following terms and conditions of payment is satisfied, the non-party company shall pay to the Plaintiff the amount of payment corresponding to the amount of each payment within 30

(Amount of money paid: Value-added Tax (including value-added tax); KRW 490,600,000 for the first intermediate payment: KRW 367,950,00 for the second intermediate payment at the time of submitting a list of basic plans and Equiin Management Plans: Article 2 (Sale Price and Payment Conditions) of the instant sales contract at the time of submitting service performance materials after the completion of basic plans (Article 2 (Sale Price and Payment Conditions) ① The purchase price of the instant land under the instant sales contract shall be KRW 320,000,000; and

Down payment: 500 million won, and any balance: 2.7 billion won.

3. The non-party company shall satisfy all of the following requirements:

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