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(영문) 수원지방법원 2019.12.11 2019가합23063
분양대금반환 등
Text

1. The defendant shall pay 256,635,00 won to the plaintiff and 12% per annum from September 20, 2019 to the day of complete payment.

Reasons

1. Indication of claim;

A. On October 30, 2018, the Plaintiff entered into a contract with the Defendant for the purchase of at least KRW 855,450,000 (hereinafter “instant contract”) and the factory to be newly built on the land (hereinafter “instant land”). According to the said contract, the Plaintiff shall pay KRW 85,545,000 for intermediate payment and KRW 85,545,000 for intermediate payment at the time of completion of authorization and permission within ten days after completion of the factory, and the Defendant shall complete the said factory until May 31, 2019, and if the completion of construction results in a delayed lease profit, the agreement amount (100,000 x number of delayed days) shall be paid to the Plaintiff, and the contract amount shall be paid to the Plaintiff as a basis for compensation for damages.

B. Under the instant contract, the Plaintiff paid KRW 85,545,00 to the Defendant the down payment of KRW 85,545,00 and intermediate payment of KRW 85,545,00 between October 19, 2018 and April 18, 2019. However, the Defendant did not start the construction of the said factory until May 31, 2019, which is the completion date, and did not pay the agreed amount to the Plaintiff.

C. The Plaintiff cancelled the instant sales contract by serving a duplicate of the instant complaint on the grounds as above. As such, the Defendant is obligated to pay to the Plaintiff the sales price of KRW 171,090,000 and the amount of damages calculated by adding KRW 85,545,00 to KRW 256,635,00 and damages for delay.

2. Article 208 (3) 1 of the Civil Procedure Act of the applicable provisions of Acts (Judgment without holding any pleadings due to the submission of a written reply);

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