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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a company that runs the construction business, and the Defendant is a company that acts as a broker, intermediary, and general trade, and the Samho Shipbuilding Marine Co., Ltd. (hereinafter referred to as the “Thoyang Marine Co., Ltd.”) is a special purpose company established in order to promote the “project for creating a special shipbuilding special zone” (hereinafter referred to as the “project site of this case”) that constructs a shipbuilding yard in the area of 9-1 Japanese Won and 4-1 Japanese Won in the area of Gosung-gun, Chungcheongnam-do, 2006.
B. On August 17, 2012, the Plaintiff entered into a contract on the instant project site and the purchase of land and the acquisition of stocks to be purchased at 63 billion won in the instant project site from Defendant, Samho Shipbuilding, Samho Shipbuilding, Samho Shipbuilding Co., Ltd., Samho metal Co., Ltd., Samho Shipping Co., Ltd., Samho Bank, Samho Holdings Holdings Co., Ltd., A, and B (hereinafter “Shoho”) (hereinafter “the first contract”), and determined the Defendant as the representative transferor.
The provisions concerning the method of payment and rescission of a contract among the primary contracts are as follows:
Article 6 (Methods of Payment of Price for Acquisition by Transfer) A transferee shall pay the price for acquisition by transfer in accordance with each of the preceding paragraphs.
1. Contract deposit: 10% of the price for taking over as provided in Article 5 (1) of this Agreement and Article 9 (Cancellation of Contract)
1. Where there is a violation of the principle of contract under Article 2 of this Agreement by the date of the completion of the due diligence, and where the transferor and the assignee specified in this Agreement fail to fulfill their obligations, in principle, the contract shall be deemed to have been terminated, and there shall be no penalty for breach of contract
2. The transferee shall not return the terms of the contract in the event that the transferee fails to perform the contract after the date of completion of the inspection, and shall reimburse the transferor the double of the contract deposit where the contract is cancelled due to any cause attributable to
C. On August 27, 2012, the Plaintiff prepared an additional agreement with the following contents, including the fact that the date of payment of down payment is delayed as the date of completion of the actual inspection, and KRW 200 million to the Defendant.