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(영문) 춘천지방법원 2019.05.22 2018나1913

위약금 등

Text

1. Of the judgment of the first instance, the part against the Defendant ordering payment exceeding KRW 5,00,000 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On November 15, 2017, the Plaintiff entered into a sales contract with the Defendant to sell approximately KRW 15 million for Won-si C, D ground pine trees in KRW 9 million (hereinafter “instant contract”), and agreed as follows, and received down payment from the Defendant on the date of the contract:

Article 2 (Terms and Conditions of Price Payment)

1. The purchase price shall be paid by December 31, 2017.

The methods of payment are as follows:

1) Contract deposit: 5 million won shall be paid. 2) The remainder: 4 million won shall be paid up to December 31, 2017. If any balance is unpaid by December 31, 2017, this Agreement will become null and void, and the defendant shall not be entitled to receive a refund of the pre-paid contract deposit.

Article 3 (Period of Removal)

1. The defendant shall take out the entire trees traded from the place to December 31, 2018 from the date on which the balance is paid.

Provided, That the sum of trees C shall be taken out by April 30, 2018. If the defendant is unable to take out the trees within the period of taking out, the plaintiff may dispose of the trees without permission, and the defendant shall pay all the expenses incurred in taking out to the plaintiff.

Article 4 (Mining Work and Removal)

2. The defendant shall notify the plaintiff three days prior to the act of extracting and removing, and the plaintiff shall work in the presence of the plaintiff or the plaintiff's representative.

Article 6 (Other)

1.The penalty twice the contract shall be paid in cash to the other party by the person who has violated the provisions of Articles 3 and 4 of this contract and the contract deposit;

B. The Defendant failed to pay the remainder by December 31, 2017, which is the remainder payment date stipulated in the instant contract.

Although the Plaintiff urged the Defendant to pay the remainder over several occasions, the Defendant did not pay the remainder, at the end of June 2018, paid 4 million won to the Plaintiff as the remainder.

C. In addition, the Defendant was unable to take out all above C-ground trees by April 30, 2018, which is the time limit for taking out above C-ground trees as stipulated in the instant contract.