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(영문) 서울동부지방법원 2021.01.29 2020나23990

약정금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

The purport of the claim and the appeal shall be 1.

Reasons

1. Basic facts

A. On November 7, 2015, the Plaintiff entered into a contract with the real estate brokerage business entity to purchase the Seo-gu 1st floor E (hereinafter “instant shopping district”) in the amount of KRW 44,304,000,000 (hereinafter “instant sales contract”), and paid the down payment of KRW 4,1.6 million to C on the same day.

B. The Plaintiff promised to resell the commercial building of this case and concluded the sales contract of this case, but did not resell the commercial building of this case.

(c)

After that, around May to June 2017, the Defendant prepared a written confirmation (hereinafter “instant written confirmation”) with the following contents to the Plaintiff (hereinafter “instant written confirmation”). The content of the written confirmation and the Defendant introduced the Plaintiff in relation to the instant sales contract around November 2015.

At the time, the defendant will resell and sell the above commercial building to the plaintiff immediately.

In the event of sale in lots, I believe that the said KRW 1.3 million to KRW 1.5 million will be returned promptly, within two months to three months, and within six months at the latest, and accept the fact that the Plaintiff entered into a contract.

- Accordingly, the defendant will pay 41.6 million won of the principal of the down payment borne by the plaintiff by December 31, 2017 to the purport that it is liable for the above-sale goods.

[Reasons for Recognition] Facts without a partial dispute, Gap evidence Nos. 1 to 3, and the purport of the whole theory

2. Determination:

A. According to the above facts of recognition, barring any special circumstance, the Defendant is obligated to pay the Plaintiff KRW 4.1.6 million and delayed damages pursuant to the agreement of this case.

B. The defendant's assertion and judgment 1) The defendant's assertion that he would guarantee one of the above commercial buildings from the employees of the sales agency of D building by re-sale on the face of the pre-contract, and entered into a contract with Fho Lake in the name of the defendant.