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(영문) 서울북부지방법원 2018.09.19 2017가단138118

위약금등

Text

1. The plaintiff's claim against the defendants is dismissed.

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

Reasons

1. On September 4, 2017, the Plaintiff’s assertion entered into a sales contract of KRW 1,227,00,000 with the Defendants on the purchase price of KRW 1,227,00,00 with respect to the land and detached houses on the remaining-si, Namyang-si, and paid KRW 18,00,000 as down payment.

The Defendants unilaterally reversed the sales contract.

The Defendants shall pay to the Plaintiff KRW 36,000,000,000 as penalty, which is an intermediate amount of down payment.

2. It is not sufficient to acknowledge that the Plaintiff and the Defendants entered into a sales contract with the sole statement of the evidence Nos. 1 and 8, and there is no other evidence to acknowledge that the contract was concluded.

There is no seal of the Defendants in the contract of sales, and it is insufficient to recognize that the Plaintiff and the Defendants agreed on the contract of sales, even if other evidence are added.

3. The plaintiff's claim is dismissed.