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(영문) 부산지방법원 2017.04.04 2016가단348672
약정금
Text

1. The Plaintiff and the Defendant from November 1, 2016 with respect to the amount of KRW 50,000,000, Defendant Jinininina Corporation and its amount.

Reasons

1. Facts of recognition;

A. A. On April 2015, the Plaintiff concluded a sales contract with the Defendant Jindo Ltd. (hereinafter “Defendant Company”) by setting the sales price of KRW 614,505,00 with the Busan Gangseo-gu C and D E-building No. 121 (hereinafter “instant commercial building”) at KRW 614,50,000.

B. On May 4, 2015, the Plaintiff paid the Defendant Company the down payment of KRW 100 million, and the intermediate payment of KRW 115 million on July 6, 2015, and paid KRW 4 million to Defendant B the brokerage commission.

C. Meanwhile, at the time of the conclusion of the sales contract, the drawings produced by the Plaintiff from the Defendant Company had a corridor on the rear side of the instant commercial building, and there was no single electric light on the front side. However, the drawings that the Defendant Company obtained from the competent authority on April 17, 2015, which was the previous store, did not have a corridor on the rear side of the instant commercial building, and there was no single electric light disposal on the front side.

On September 12, 2016, the Plaintiff offered to the Defendants a different drawing from the permissible drawing, and agreed to receive KRW 265 million, including KRW 215 million and KRW 50 million and KRW 50 million, which were deposited as a down payment and an intermediate payment, upon cancelling an agreement on cancellation of the sales contract with the Defendant Company, until September 21, 2016.

(hereinafter referred to as “instant agreement”). E.

Defendant Company paid KRW 200 million to the Plaintiff.

F. Meanwhile, even though Defendant B was notified by the Defendant Company that the drawings could be modified on January 2015, Defendant B did not properly notify the Plaintiff of the fact.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 8 (including paper numbers), the purport of the whole pleadings

2. According to the above facts of recognition, the defendant company is obligated to pay the plaintiff KRW 50 million upon the cancellation of the contract according to the agreement of this case.

In addition, in light of the circumstances shown in the argument of this case, if the plaintiff knew that the drawings will be modified, it would have not been concluded, and the defendant B would have changed the drawings.

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