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(영문) 전주지방법원 2016.11.25 2015나4972
계약금반환
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. The Defendant is a company whose purpose is the building design business, etc., and the Plaintiff is the owner of land B, C, and D (hereinafter “instant land”) in North Korea and the representative director of the limited liability company E, and F is a representative director of the said limited liability company E and a person who trades with the Defendant on behalf of the Plaintiff until April 8, 2015.

B. (1) On August 9, 2014, the Plaintiff entered into a design service contract with the Defendant and the instant land-based multi-household housing (hereinafter referred to as “instant design service contract”) with a total of KRW 60 million (a value-added tax separate, advance payment of KRW 30 million shall be paid at the time of the contract, and the remainder of KRW 30 million shall be paid at the time of supply), the contract period from August 9, 2014 to November 7, 2014, and the content and design of the service plan (including the area of balcony expansion, within 30 square meters, including the area of balcony expansion) prescribed in the design service contract (hereinafter referred to as “instant design service contract”).

(2) On August 9, 2014, the Plaintiff paid advance payment of KRW 30 million to the Defendant under the instant design service contract.

C. 1) On October 13, 2014, F visited the Defendant’s office and asked the Defendant to complete the entire design drawings (hereinafter “instant design drawings”). Accordingly, on October 15, 2014, the Defendant sent to F a public letter, attached to e-mail, to the effect that requiring F to submit a design outline and a ground plan along with the design drawings is difficult to accept. 2) On November 7, 2014, the Defendant completed the plan design drawings (hereinafter “instant design drawings”) for construction of multi-household houses (20 square-type four households, 30 square-type 20 households) with the total number of 24 households on the instant land, and sent to F on November 18, 2014, the Defendant sent the same by electronic mail to F on July 22, 2014.

【Ground of recognition】 In the absence of dispute, Gap evidence Nos. 1, Eul evidence Nos. 2, 5, 8, 9, 12, 14, 18, 20

2. Summary of the plaintiff's assertion

A. The Defendant’s primary assertion is as follows.

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