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(영문) 대전지방법원 2019.05.15 2018가합590
약정금
Text

1. The Defendant shall pay the Plaintiff KRW 200,000,000 and the interest rate of KRW 15% per annum from May 12, 2018 to the date of full payment.

Reasons

1. Facts of recognition;

A. 1 Status of the Parties C Co., Ltd. (hereinafter “C”).

) Daejeon Jung-gu D Building (hereinafter referred to as “instant commercial building”)

(E) A corporation E (hereinafter referred to as “E”) is an executor of the sales business.

(2) Around October 14, 2016, the Plaintiff entered into a contract with C for construction works and completed the extension and substantial repair of the instant commercial building. (2) Around January 14, 2017, the Plaintiff entered into a contract for sales agency services with C and performed the sales agency business of the instant commercial building (hereinafter “instant contract”).

B. C and the Defendant’s sales contract 1) On January 20, 2017, through the Defendant’s agent F on January 20, 2017, C concluded the sales contract between the Defendant and the Defendant on the G, H, I, and J of the first basement of the instant commercial building (hereinafter “instant underground shopping mall”).

2) The sales contract of this case was concluded for the sale of commercial buildings in the amount of KRW 3.5 billion (hereinafter “instant sales contract”).

(2) On January 20, 2017, the sales contract amounting to KRW 100 million, the intermediate payment of KRW 2.5 billion, and the remainder of KRW 900 million was paid respectively on February 15, 2017. Meanwhile, the special terms and conditions stipulated in the sales contract are as follows (hereinafter referred to as “instant special terms and conditions”).

(2) Of the down payment, KRW 20 million shall be paid on January 20, 2017, and KRW 80 million shall be paid on January 23, 2017. 2. The remainder (repaid) loan shall be paid at KRW 2.5 billion. On January 23, 2017, the contract shall be terminated at the time the contract is not performed and the down payment shall be refunded. Of the remainder, the intermediate payment shall be run by Party A (C) or E, and the remainder shall be paid six months after the remainder. 40 million out of the remainder, the underground marina room shall be the cycle of reducing air conditioners; 2.5 billion won shall be paid from the Defendant; and on January 23, 2017, the registration of ownership transfer was completed with respect to the instant underground sale agreement to the Defendant.

C. On February 2017, 2017, the Plaintiff, a transferee of E’s balance claims, etc., performed the sales agency business in accordance with the instant service contract.

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