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(영문) 창원지방법원 2014.09.23 2013나7497
계약금 및 중도금반환
Text

1. Revocation of a judgment of the first instance;

2. The Defendants shall jointly and severally serve as KRW 35,200,000 on the Plaintiff and as a result, April 21, 2012.

Reasons

1. Basic facts

A. The Plaintiff is a company that operates a tree and a resort forest-related operation business, etc., and the Defendant A is the representative of the Defendant C, and the Defendant B is the husband of the Defendant A.

B. The Plaintiff entered into a contract with Defendant B to take charge of the work related to the authorization and permission of the E plan (hereinafter “instant E plan”) on a site of approximately KRW 27,00,000,000 (the contract amount of KRW 20 million, the intermediate payment of KRW 12 million, the remainder of KRW 30,000 upon completion of the authorization and permission, the additional payment of KRW 10,000,000 upon completion of the authorization and permission by February 28, 2012, the separate value-added tax for each value-added tax), and the contract period from September 24, 201 to March 31, 2012, the Plaintiff entered into a contract with Defendant B to take charge of the work related to the authorization and permission of the E plan (hereinafter “instant E plan”).

C. The Plaintiff and the Defendant A around September 27, 201, respectively.

With regard to the above site by embodying the content of the contract under subsection (b), the contract was entered into with the following contents (including the contract under the above subsection (b)).

(tentative) The name of construction: (tentative) The total contract amount for all the business related to the preparation of report documents and authorization and permission: 71.5 million won (including value-added tax; hereinafter the same shall apply): 220,000 won intermediate payment: 36.3 million won (payment at the time of completion of authorization and permission): The date of commencement of construction work on September 27, 201: Special engineer on February 28, 201: All necessary matters for authorization and permission, excluding expenses for external cooperation, excluding project plans, and boundary surveying.

D. On September 30, 201, the Plaintiff paid to Defendant A the down payment of KRW 22 million, and the intermediate payment of KRW 13.2 million on December 27, 201.

E. The application and approval of the instant E plan were not made until the date of the closing of the arguments in the trial.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1, 2, and 3 (including virtual numbers), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff Defendants, upon entering into the instant contract, shall prepare documents necessary for the approval of the instant E plan and perform all business related to the authorization and permission of the instant E plan.

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