위약금
1. The Defendants each amounting to KRW 10,000,000, as well as 5% per annum from April 28, 2016 to August 10, 2016.
1. Basic facts
A. On December 1, 2015, the Plaintiff entered into a sales contract with the Defendants on D 1/2 square meters of the window of Chang-si, Changwon-si, each of which is a 1/2 equity right holder, and on 4-story buildings on the ground (hereinafter “instant real estate”).
B. The main contents of the instant sales contract are KRW 780,00,000 for the purchase price, KRW 80,000 for the down payment, KRW 80,000 for the down payment (hereinafter the Defendant’s account), and KRW 20,000 for the remainder of KRW 60,000 for the contract date, and KRW 150,000 for the intermediate payment on December 9, 2015, and KRW 150,00 for the intermediate payment on January 29, 2016, shall be paid respectively as of February 29, 2016.
C. Article 5 of the instant sales contract provides that “Before the buyer pays the intermediate payment, the seller shall reimburse the down payment, and the buyer may waive the down payment and rescind this contract.” Article 6 provides that “If the seller or the purchaser fails to fulfill the terms and conditions of this contract, the other party may notify in writing the person who has defaulted and rescind the contract. In addition, the other party may claim damages arising from the cancellation of the contract to the other party, and unless otherwise agreed, the contract shall be deemed as the basis for compensation for damages.”
The Plaintiff remitted KRW 20,000,000 to the Defendants on the day of the contract, out of the down payment of the instant sales contract.
E. On December 7, 2015, the Defendants notified the Plaintiff of the repayment of KRW 40,000,000, a double of the down payment that the Plaintiff received, and the cancellation of the contract.
F. Since then, the Plaintiff intended to pay the remaining down payment to the Defendants, but the Defendants closed their bank accounts.
G. Meanwhile, Defendant B deposited KRW 40,000,000 against the Plaintiff as of December 8, 2015.
[Reasons for Recognition] Unsatisfy, Gap evidence 1, Gap evidence 2-1, 2, Gap evidence 3, Gap evidence 4, and Gap.