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(영문) 서울중앙지방법원 2015.01.16 2014가합510243
보증금반환
Text

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

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

Reasons

1. Facts of recognition;

A. On July 31, 2012, the Plaintiff drafted each of the following agreements with regard to the supply amounting to KRW 1,280,921,00 (the contract amounting to KRW 64,047,00, the first intermediate payment of KRW 192,139,000, the second intermediate payment of KRW 640,460,000, the remainder of KRW 384,275,000, and the remainder of KRW 384,275,000), along with the supply agreement with regard to the building listed in the separate sheet (hereinafter “instant apartment”).

(hereinafter the above supply contract and the agreement are “instant contract”. Meanwhile, Defendant DoS Construction Co., Ltd. (hereinafter “Defendant DoS Construction”) as the contractor of the instant apartment, affixed their respective seals to the said supply contract and the agreement, respectively.

This Agreement shall take precedence over the supply contract of the apartment in this case.

Article 1 (Special Agreement for Cancellation of Contracts)

A. If Eul (referring to the plaintiff) requests the cancellation of the contract before the balance date under the supply contract (from two months before the remainder date to the remainder date), Gap shall, without applying the penalty provision under Article 2(2) of the supply contract, cancel this contract.

B. A. If B wishes to cancel this Agreement, the foregoing Section A.

Within the period for requesting the cancellation of the supply contract under paragraph (1), the contractor himself/herself shall apply for the cancellation of the contract in writing, and at the same time prepare a litigation telephone settlement report concerning the name of the real estate, and shall submit the original of this agreement, the identification card, the seal stamp, and the certificate of seal impression.

Article 3 (Refund of Sale Price)

A. If Gap requests the cancellation of a contract pursuant to Article 1 and the cancellation of this contract is made by Eul, Eul shall return the sale price already paid to Eul on the condition of the real estate name of Eul to the last day of the pertinent month after three years from the date of the contract under the supply contract, and the duty to return the sale price of Gap to Eul shall be due to the following day after ascertaining that Eul had ordered this real estate.

(b) B.

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