위약금청구의 소
1. The Defendant shall pay to the Plaintiff KRW 20,00,000 and the interest rate of KRW 20% per annum from December 3, 2013 to the day of complete payment.
1. Facts of recognition;
A. On May 29, 2013, the Plaintiff entered into a contract with the Defendant to purchase the purchase price of KRW 90 million (the remainder KRW 20 million shall be paid on the date of the contract, and the remainder KRW 70 million shall be paid on July 10, 2013) of the real estate located in the following (hereinafter “instant contract”). Accordingly, the Plaintiff paid the Defendant the down payment of KRW 20 million to the Defendant. The main contents of the instant contract are as follows.
- Article 2 (Transfer, etc. of Ownership) - A seller shall deliver all documents necessary for the registration of transfer of ownership to a buyer simultaneously with the receipt of any balance of the purchase price, cooperate with the registration procedure, and the delivery date of the said real estate will be July 10, 2013.
Article 5 (Cancellation of Contract) If the buyer does not pay the intermediate payment (if there is no intermediate payment), the seller shall reimburse the sum of the down payment, and the buyer may waive the down payment and rescind this contract.
Article 6 (Non-performance of Obligations and Compensation for Damages) If a seller or buyer has any non-performance of the terms and conditions of this Agreement, the other party shall notify in writing the person who has defaulted, and the contract may be rescinded.
In addition, parties to a contract may claim damages from the other party according to the termination of contract.
B. At the time of the conclusion of the instant sales contract, the Plaintiff entered into a contract with D, a broker, after hearing the explanation that the instant real estate was installed with a boiler, and that the instant real estate was operated well. After the conclusion of the contract, the Plaintiff became aware of the fact that the solar boiler was not operated.
On June 17, 2013, the Plaintiff demanded the Defendant to repair the solar boiler, and the Plaintiff and the Defendant, as well as the boiler repair, conflict with each other as the time and place of the remainder payment, etc., on an emotional basis, and the Plaintiff on July 12, 2013.