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(영문) 서울고등법원 2014.09.17 2012나93574
계약금등 반환
Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

2...

Reasons

1. Basic facts

A. On October 16, 2003, the Plaintiff entered into a sales contract with the former C Co., Ltd. (former C Co., Ltd.) (former C Co., Ltd., March 24, 2009) and divided the part of its sales contract into Defendant C Co., Ltd. and the part of its sales contract with the present Defendant Co., Ltd., Ltd.; hereinafter referred to as “Defendant B” through the former C Co., Ltd., and the present Defendant C Co., Ltd., Ltd., and the Guro-gu Seoul Metropolitan Government D Co., Ltd. (hereinafter referred to as “instant commercial buildings”), with respect to five accounts of B199, 200, 201, 202 (156,45,000 won each of the supply prices) and 665 (192,828,090 won each of the following sales contracts (hereinafter “each of the instant sales contracts”).

Article 1 (Supply Price and Payment Method) The intermediate payment shall be paid in six installments from February 25, 2004 to June 15, 2006, and any balance shall be paid on the designated date of salesroom occupants separately notified in writing by Gap (Defendant B; hereinafter the same shall apply).

Article 6 (Expenses for Virtual Development)

1. The details of the application and progress of the development costs for revitalization of commercial buildings shall be as follows:

(1) All the expenses for the advertisement, public relations, management fees, etc. for the development of commercial buildings. (2) The expenses for the public relations and publicity for a certain period before and after the opening of the store for the revitalization of the business of commercial buildings. (4) The expenses for consultation and early public relations for the prompt settlement and smooth opening of the business district and for the revitalization of commercial buildings, and the expenses for the promotion of business promotion.

(6) The construction cost for common interior works shall be based on interior construction cost in consideration of the inflation rate until the completion of the construction works in the future.

2.The commercial development cost shall be managed by the authorized administrator (including enforcement), and shall be section 6.1 above.

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