logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2014.02.20 2013가합29740
계약금 반환 등
Text

1. The Defendant shall pay KRW 100 million to the Plaintiff the amount of KRW 6% per annum from December 27, 2012 to February 20, 2014, and the next day.

Reasons

1. On December 27, 2012, the Plaintiff prepared a joint management contract, such as the Defendant’s representative director C and the attached Form, with the intent to invest in the new construction and sale business on the three parcels, including Jeju-si, B, and A (hereinafter “instant contact”).

(B) On the other hand, the Plaintiff delivered the down payment of KRW 100 million to E (hereinafter “D”) to the representative director of D (hereinafter “D”) who is a contractor in accordance with the content of the instant contract.

On December 28, 2012, F, designated by the Plaintiff, was appointed as inside directors and joint representative directors of the Defendant Company, and the registration accordingly was completed on December 31, 2012.

On January 10, 2013, the Plaintiff deposited KRW 200 million into the Defendant’s account opened in accordance with the terms and conditions of the instant contract.

F immediately opened this, and deposited in the account in the name of the defendant.

On January 22, 2013, the Plaintiff additionally remitted KRW 200 million to D.

On January 23, 2013, the Defendant notified the Plaintiff that he would reverse a joint management contract on the grounds that “the Plaintiff did not pay KRW 100 million down payment, and paid the construction price to D at will without delay,” and made a resolution of dismissal against F on January 28, 2013, and completed registration of dismissal on January 30, 2013.

On February 6, 2013, the Plaintiff revoked a joint management contract on the grounds that “the purpose of the joint management contract was unable to be achieved due to the Defendant’s breach of the contract terms,” and accordingly notified the Defendant that the contract will return the down payment of KRW 100 million and the construction price of KRW 400 million paid to D.

[Ground of recognition] Unsatisfy, Gap Nos. 1-10, Eul No. 1, witness E, and the whole purport of pleading

2. A joint management contract was concluded between the plaintiff and the defendant by the contract of this case as alleged by the plaintiff 1 of the parties' assertion, and as a result, the plaintiff's performance of the contract amounting to KRW 100 million and KRW 500 million in total to the defendant, D.

arrow