위약금 청구의 소
1. The Defendant’s KRW 40,000,000 as well as the Plaintiff’s annual rate of 5% from June 2, 2017 to June 22, 2017, and the following.
1. Determination as to the cause of claim
A. 1) On April 5, 2017, the Plaintiff: (a) as between the Defendant on April 5, 2017, the Plaintiff is a 551m2m2, D 472m2, E field 71m2, and F road 60m2 (hereinafter “instant road”).
A) The sales contract was concluded with respect to the purchase price of KRW 198,930,00 (the contract amount of KRW 20 million, the balance of KRW 178,930,000) (hereinafter “instant sales contract”).
(2) On the same day, the Plaintiff paid the Defendant the down payment of KRW 20 million. 2) Thereafter, the Defendant sent a content-certified mail to the effect that the instant road cannot be sold, and on May 8, 2017, the Plaintiff sent to the Defendant a written reply to the effect that “whether the instant sales contract will be performed, and whether the amount of the down payment would be repaid and the down payment would be rescinded in accordance with Article 6 of the sales contract.”
3) On May 12, 2017, the Defendant sent to the Plaintiff, respectively, a content-certified mail stating that “The Defendant would refund the amount of the down payment and cancel the instant sales contract, in accordance with the foregoing provision.” On June 1, 2017, the Defendant: (a) sent, on May 25, 2017, content-certified mail stating that “The instant sales contract is cancelled on the ground of mistake; and (b) would pay KRW 40,000,000,000,000 as compensation for damages to the Plaintiff, by June 1, 2017,” respectively (hereinafter collectively referred to as “content-certified document”).
(2) On May 30, 2017, the Plaintiff sent to the Defendant a content-certified mail stating that “A claim for penalty of KRW 40 million and delay damages shall be paid.” (4) On June 1, 2017, the Defendant sent to the Plaintiff a content-certified mail stating that “The expression of intent stated in the content-certified document of the instant case on the ground of mistake shall be revoked, and the remaining balance after deducting the purchase price for the instant road shall be paid by July 7, 2017.”
[Reasons for Recognition] Facts without dispute, Gap 1-7 evidence, Eul 1-2 evidence (including paper numbers) and the purport of the whole pleadings
B. According to the above facts of determination, the instant sales contract was concluded with the Plaintiff.