약정금
1. Of the judgment of the court of first instance, the part pertaining to the order to pay the counterclaim as follows is applicable.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. On January 28, 2013, the Plaintiffs agreed to lend money (hereinafter “instant lending”) to the Defendant, and concluded an agreement with the Defendant on January 28, 2013 as follows (hereinafter “instant agreement”).
- The plaintiffs set up a right to lease on a deposit basis (hereinafter “the right to lease on a deposit basis”) in Seoul Special Metropolitan City, Nowon-gu D 6 through 9 (hereinafter “instant real estate”). - The plaintiffs implement procedures for registration of cancellation of the right to lease on May 30, 2013, and at the same time, the defendant pays to the plaintiffs KRW 370 million (hereinafter “instant contract amount”). - If the plaintiffs implemented the procedure for registration cancellation of the right to lease on May 30, 2013, but the defendant delayed the payment of the instant contract amount, the defendant shall compensate for damages at KRW 10 million per month.
B. On the contrary, on May 30, 2013, the Defendant paid the instant agreed amount to the Plaintiffs, but in the event that the Plaintiffs delay the implementation of the registration procedure for cancellation of the said right to lease on a deposit basis, the Plaintiffs would pay 10 million won per month for damages (hereinafter “presumed damages clause”).
On January 29, 2013, the Plaintiffs paid 30 million won to the Defendant, and 29 million won, deducting 21 million won interest from prior interest, respectively, to C, and set up lease on a deposit basis for the instant real property on the same day.
C. On April 29, 2013, the Plaintiffs kept documents necessary for the procedure for registering the cancellation of the registration of the right to lease on a deposit basis with E judicial scrivener who represented for the registration of the right to lease on a deposit basis. By May 30, 2013, the Plaintiffs sent to the Defendant a written notification demanding the payment of the instant agreed amount by content-certified mail. On May 31, 2013, the Plaintiffs sent a written peremptory notice with the same content as the second written peremptory notice by content-certified mail.
On June 26, 2013, the Defendant paid KRW 370 million to the Plaintiffs.