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(영문) 대전고등법원(청주) 2017.10.31 2016나111
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. Basic facts

A. On June 16, 2009, the Plaintiff entered into a contract with the Defendant to purchase at least 2.1 billion won a new business business right (hereinafter “instant apartment”) for three lots of land in Jincheon-gun, Jincheon-gun, E, F, and H apartment 240 square meters above 7,294 square meters of forest land located in G (hereinafter “instant apartment”).

On January 19, 2006, J (D's representative director on January 19, 2006) and I (hereinafter "I, etc.") entered into a contract with the defendant to purchase the instant business right of KRW 2 billion. In the process, I lent 3.5 million from the plaintiff to the plaintiff as the purchase price for the instant business right, and used the purchase price for the instant business right. On June 13, 2007, I borrowed 50 million from the plaintiff in the name of "D (Korean District Court 2007Kahap2555)" in order to use the provisional revocation as the deposit money for the instant business right. In that process, I borrowed 200 million won from the plaintiff on June 13, 2007.

As above, the Plaintiff and the Defendant agreed to deduct the Plaintiff’s total amount of KRW 6.5 million (i.e., KRW 3.50 million, KRW 350 million, KRW 300 million, and KRW 2.1 billion, from the purchase price in the name of “amount to be settled” (hereinafter “the instant loan”). The key contents of the first contract, including this, are as follows.

Paragraph (3) Payment method: The first installment payment of KRW 650 million after the settlement of accounts, and KRW 150 million within 150 million after the contract: December 23, 2009: the second installment payment of KRW 300 million on January 30, 2010: the third installment payment of KRW 300 million on April 30, 2010: The remainder of KRW 400 million on August 30, 2010: The amount calculated under paragraph (4) (3) of this Article before the completion of construction: The amount after the settlement with I; the sum of KRW 350 million; the sum of KRW 30 million; the amount of KRW 50 million; the amount of KRW 50 million; the amount of KRW 565 billion; the amount of KRW 561.5 billion calculated on April 30, 2010; and

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