beta
(영문) 수원지방법원 2019.01.11 2018가단12762

약정금

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On July 23, 2014, the Plaintiff, via E Co., Ltd. (the representative FF; hereinafter “E”), sold the first floor (hereinafter “instant store”) of the H Working Building Building (hereinafter “instant building”) in Suwon-gu, Suwon-gu, Suwon-si, Seoul (hereinafter “G”), at KRW 1 billion, to KRW 318 billion, and paid KRW 16 million in the first intermediate payment until the date of the contract; and KRW 16 million in the first intermediate payment until August 22, 2014; KRW 636 million until September 30, 2014 (hereinafter “instant sales contract”); and KRW 318 million to G on the same day (hereinafter “instant sales contract”); and KRW 38 million in the same amount.

B. According to Article 17 of the instant sales contract, “If the instant sales contract is cancelled due to the delay in the payment of the intermediate payment or the balance, the Plaintiff shall vest an amount equivalent to 10% of the sales price in G as penalty, and G shall return the remainder, excluding the amount equivalent to the said penalty, from the Plaintiff’s amount already paid.”

C. On April 29, 2015, the Plaintiff notified the Plaintiff that he would cancel the instant sales contract. On April 29, 2015, the Plaintiff submitted a written request for the cancellation of the instant sales contract and a written consent for the re-sale.

On May 12, 2015, G confiscated 16 billion won, which is equivalent to 10% of the sales price, as penalty, out of the down payment of KRW 318 million on May 12, 2015, and returned the remaining 212 billion won to the Plaintiff.

E. On July 25, 2014, the Defendants, along with the foregoing F, prepared and issued a written confirmation to the G representative director on the receipt and issuance of the following fee (hereinafter “instant confirmation”).

Terms and conditions of the contract for the sale of I of the first floor of the receipt and certification;

1. The sale price of 1.25 square meters of the size of 26.18 square meters in units is one billion won in units;

2. at the time of sale - The terms and conditions of the contract - one of the infants and internal and external medicine or of the Ebinate and the saleroom occupants - the above terms and conditions are not fulfilled.