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(영문) 인천지방법원 2019.07.12 2018가합60396
분양대금반환
Text

1. The Plaintiff:

A. Defendant B Co., Ltd. shall be KRW 182,346,00 and its amount shall be from October 13, 2018 to the date of full payment.

Reasons

1. Facts of recognition;

A. On October 20, 2015, the Plaintiff purchased D’s hotel E (hereinafter “instant room”) from Defendant B Co., Ltd. (hereinafter “Defendant Company”) for KRW 159,580,000 in the supply amount.

(hereinafter “instant supply contract”). B.

The Defendant Company concluded a sale management trust contract and an agency contract with Defendant C Co., Ltd. (hereinafter “Defendant Trust”), and the Plaintiff decided to transfer the down payment, intermediate payment, and remainder under the supply contract of this case to the account of Defendant Trust designated by the Defendant Company.

C. The main contents of the instant supply contract are as follows.

Article 1 (Methods for Sale and Payment) (2) The Plaintiff shall pay the remainder by means of deposit without passbook in his/her own name in the account (F bank, account number: G) in the name of the Defendant trust designated by the Defendant Company within the due date for payment as follows: (i) the Defendant Company is not obligated to separately notify the Plaintiff of the payment of the intermediate payment, the remainder, the payment date, and the payment date, etc.

Of the sectional down payment, the contract for the first (15%) second (15%) second (15%) 3 (10%) 4 (10%) 10%) 5th (10%) 15 June 25, 15 when the contract for the payment date of the 17,000,000 23,937,000 23,937,937,937,000 15,958,00015,958,958,958,958,958,0000 10%) 4 (10%) 10% (10%) 5th (10%) 15 June 23, 16. 17, 16. 17.

1. In a case where the entry room is delayed for more than three months due to a cause attributable to the defendant company.

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