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(영문) 서울중앙지방법원 2019.11.12 2019가단30301
약정금 청구의 소
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 62,50,000 and 5% per annum from June 11, 2019 to July 5, 2019.

Reasons

1. Facts of recognition;

A. On June 28, 2018, the Plaintiff contracted to Defendant B Co., Ltd. (hereinafter “Defendant Company”) the construction of a new house on the ground D in Kimpo-si (hereinafter “instant construction”) and paid KRW 23,000,000 as down payment.

B. On the same day, the Plaintiff entered into a contract with E Co., Ltd., an affiliate of the Defendant Company, to request the preparation of design drawings necessary for the instant construction (hereinafter “instant design contract”), and paid 8,250,000 won (including surtax) as design fees.

C. However, when the commencement of the instant construction was delayed, the Defendant Company agreed on May 1, 2019 that “the construction shall begin until May 10, 2019, but if so, refund twice the design price and the contract deposit.” The Defendant C, the representative director of the Defendant Company, jointly and severally guaranteed the Defendant Company’s above contract deposit obligation for the Plaintiff.

hereinafter referred to as the "agreement of this case"

(D) However, the Defendant Company failed to commence the instant construction work after May 10, 2019. On June 5, 2019, the Plaintiff sent a written notification requesting the Defendant Company to cancel the instant construction contract and to pay the instant agreed amount by content-certified mail. The written notification was served on the Defendant Company on June 10, 2019. [Grounds for Recognition] The Defendant Company did not dispute, and each of the statements (including serial numbers, and the purport of the entire pleadings) as set forth in subparagraphs A and 4 above.

2. Determination

A. According to the above facts, pursuant to the instant agreement, the Defendants are jointly and severally liable to the Plaintiff for the payment of 62,50,000 won (=(23,00,000 won 8,250,000 won) x 2 times) equivalent to twice the sum of the down payment of the instant construction contract and the price of the instant design contract x (2 times) and the following day of the service of the said written notice, which includes a declaration of intent to demand performance, from June 11, 2019 to July 5, 2019 (the delivery date of the instant written complaint), with 5% per annum (the prescribed date of the Civil Act) and from the following day to the day of full payment.

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