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ค าชี้ขาดเกี่ยวกับสัญญาเช่า

35. Case No.(Red) 31/2560

Issues to be determined: 1. Did the Respondents breach the Agreement as claimed by the
Claimant?
2. If yes, to what extent (if any) and are they jointly or severally

liable to compensate or reimburse the Claimant as stipulated in the Statement of Claim

After taking examination, The Claimant stated that on 24 October 2011, he entered into
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a reservation agreement with Pearl Island Property Co., Ltd., a company of which the 2 Respondent
was a director, “to participate in the acquisition” of the Villa, which was being developed by the
company, at a purchase price of THB [Thailand Baht] 22,800,000.-and paid the reservation fee in the

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amount of THB 456,000 to the 2 Respondent.
The Claimant further stated that, on January 2012, he then entered into the Agreement

to employ the 1 Respondent to construct the Villa, for the construction price, included all costs,
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in the amount of THB 14,000,000, which construction was to be completed by 25 December 2012.
The Claimant then contacted both Respondents to discuss the construction problems

on 3 July 2013 and at that meeting the Claimant was informed by both Respondents that they
would not construct the Villa according to the Claimant’s modification and suggested the Claimant to

employ another contractor to complete the construction. This suggestion was rejected by the Claimant.

Award

The Tribunal having carefully considered the documentary evidence, witness
testimonies and written submissions of the Parties and given weight thereto, hereby unanimously

declares, makes, issues and publishes this Final Award as follows:
(a) The 1 Respondent did not breach the Agreement, but the Claimant was entitled to terminate
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the Agreement in accordance with section 605 of the CCC.

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(b) The 1 Respondent shall return the amount of THB 12,182,493 to the Claimant within 30 days
of its receipt of this Award; if the full amount is not settled within the said 30 days, interest shall

accrue and be payable on the balance at the rate of 7 ½% (seven and one-half percent) per
annum, until the full amount is paid.