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(영문) 대전지방법원천안지원 2020.11.05 2020가합288

약정금

Text

The defendant's KRW 100,000,000 for the plaintiff and 5% per annum from July 21, 2020 to November 5, 2020.

Reasons

1. Basic facts

A. On March 14, 2017, the Defendant is the seller of each building listed in the separate sheet (hereinafter “each building of this case”) as a school juristic person under liquidation procedures with the authorization of dissolution from the Minister of Education, and the Plaintiff is the purchaser of each building from the Defendant.

The purchase price of KRW 885,214,278 down payment of KRW 96,470,000 shall be paid at the time of the contract.

An intermediate payment of KRW 163,927,800 shall be paid on February 13, 2018.

Any balance 624,816,478 won shall be paid on March 13, 2018.

Article 2 (Transfer, etc. of Ownership) The Defendant shall, at the same time as the receipt of the balance of the purchase price, deliver all documents necessary for the registration of transfer of ownership to the Plaintiff and cooperate with the registration procedure, and the delivery date of the said real estate shall be March 13, 20

제5조(계약의 해제) 원고가 피고에게 중도금을 지불하기 전까지 피고는 계약금의 뱅랙을 상환하고 원고는 계약금을 포기하고 본 계약을 해제할 수 있다.

Article 6 (Non-performance of Obligations and Compensation for Damages) If the defendant or the plaintiff has defaulted on the terms and conditions of this Agreement, the other party may notify in writing the person who has defaulted and rescind the contract.

In addition, the parties to the contract may claim damages from the other party due to the cancellation of the contract, and the contract deposit shall be considered as compensation for damages, unless otherwise agreed.

[Matters of Special Agreement]

6.The attachment of local taxes in arrears (tax affairs, traffic affairs, and traffic affairs) shall be cancelled in full within two months from the date of the remainder due to the defendant's responsibility.

Provided, That if two months have elapsed, the defendant shall pay 10 million won per month at the expense of the plaintiff's financial expenses.

B. On January 27, 2018, the Plaintiff entered into a contract with the Defendant to purchase each of the instant buildings in KRW 885,214,278. The main contents of the said contract are as follows.

(hereinafter “instant sales contract”). C.

The Plaintiff shall pay the Defendant the full payment under the instant sales contract, and each of the instant cases on March 14, 2018.