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(영문) 인천지방법원부천지원 2015.07.08 2013가합3179
약정금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Before August 2011, the Plaintiff entered into a sales contract for land and factory between the Plaintiff and the Pws Co., Ltd. (hereinafter “Pws”), the Plaintiff is only deemed a Pws Co., Ltd. (hereinafter “Pws”).

B) As between the Plaintiff and the Defendant, each of the lands listed in the separate sheet (hereinafter referred to as “each of the lands of this case”).

) Each land listed in paragraphs 1 through 6 of the attached list and the attached list (hereinafter referred to as “instant factory site”).

(2) The Plaintiff concluded a sales contract to sell the total amount of a factory to be newly built at KRW 3,00,000 (hereinafter “instant sales contract”) (hereinafter “instant sales contract”).

(2) Upon entering into the instant sales contract with the Plaintiff, the instant sales contract: (a) KRW 150,000,000, out of the down payment, shall be paid until September 1, 201; (b) intermediate payment of KRW 1,000,000,000, after completing the civil engineering works on the instant factory site, the Plaintiff received and paid the loan from the bank; and (c) the remainder of KRW 1,950,000,000, shall be paid within 15 days after the completion of the factory to be newly constructed on the instant factory site.

3) After that, the Plaintiff received down payment of KRW 150,00,000 as part of the intermediate payment on September 6, 201, and KRW 100,00,000 as part of the intermediate payment on February 2, 2012. (B) The Plaintiff concluded a contract for construction works with the Defendant on February 2, 2012, between the Plaintiff and the Defendant to conclude each contract for construction works between the Plaintiff and the U.S. and the Defendant on February 2, 2012, with the construction cost of KRW 300,000,000 ( separate value added tax) for the instant factory site, and from February 1, 2012 to May 31, 2012, a contract for construction works that the Defendant agreed to contract with the Defendant by setting the construction cost of the instant factory site as part of the intermediate payment.

2) After that, the Plaintiff entered into a construction contract with the Defendant on March 12, 2012, under which the construction work of 600 square meters on the instant factory site was to be awarded to the Defendant by setting the construction cost of 540,000,000 (excluding value-added tax) and the construction period from March 12, 2012 to April 30, 2012. 3) Meanwhile, an additional construction work was required while the construction work of the instant factory was being carried out, and the prior notice thereof was on March 27, 2012.

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