beta
(영문) 부산지방법원 2018.03.29 2018가단1977

위약금

Text

1. The Defendant shall pay the Plaintiff KRW 110,00,000 and the interest rate of KRW 15% per annum from February 6, 2018 to the date of full payment.

Reasons

1. On October 27, 2017, the Plaintiff indicated the claim: (a) purchased approximately KRW 775 square meters, etc. from the Defendant from the Defendant for the purchase of approximately 1,126,00,000 square meters of land for a factory in Nam-gu, Busan; (b) paid KRW 110,000,000 on the down payment day to the Defendant; (c) the Defendant unilaterally notified the Defendant of the cancellation of the sales contract on January 11, 2008; and (d) returned the down payment. As such, the Plaintiff unilaterally notified the buyer of the cancellation of the sales contract on January 11, 2008, and returned the down payment, Article 5 of the said sales contract (the seller shall reimburse the down payment before the buyer pays the intermediate payment to the seller, and the buyer may waive this contract by waivering the down payment and cancelling this contract) and paragraph (7) of the special agreement (the penalty and damages shall be determined as KRW 110,00

2. Articles 208(3)1 and 257(1) of the Civil Procedure Act, which hold a judgment without holding any pleadings.