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(영문) 창원지방법원 2016.05.10 2015가단75097
양수금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. 1) The Plaintiff entered into a contract for construction works with the Plaintiff and Daep Industrial Co., Ltd. (hereinafter “Co.”), the Plaintiff omitted the entry into a contract.

(2) On April 3, 2013, the Plaintiff sent 179-22, 179-22, 200 won for the extension of a factory building on the ground (excluding value-added tax) and entered into a contract for construction works from April 15, 2013 to May 15, 2013, and completed construction works around October 2013. (2) The Plaintiff entered into a sales contract with the Defendant on July 29, 2014, 205 for the remainder of KRW 95,50,000 for the construction contract (hereinafter “the remainder of KRW 10,500, 200, 205, 200, 305, 204, 205, 30, 204, 205, 30, 204, 205, 30, 205, 204, 204, 2014).

1. (Return of Purchase-Price) Where a real estate sales contract is cancelled due to any cause attributable to the buyer, the seller shall refund to the buyer the sum of KRW 1,00,000,000, the intermediate payment of KRW 900,000,000, which the buyer has paid to the seller;

2. (Deduction of Amount of Damages for Delay) Section 1 of the Additional Clause for a real estate sales contract, such as the Certificate No. 876 of Schedule 2013, shall be charged to the seller at the rate of 8% per annum at the time when the buyer’s remainder date expires.

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