계약금 등
1. The Defendants shall jointly and severally pay to the Plaintiff KRW 50,000,000 and the interest rate thereon from October 17, 2017 to the date of full payment.
1. Basic facts
A. The relationship between the parties 1) The Plaintiff is a corporation with the purpose of distributing, processing, and selling agricultural products. 2) Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a corporation with the purpose of running the car scrapping business, etc.
B. On August 17, 2017, the Plaintiff entered into a sales contract. On August 17, 2017, the Plaintiff and the Defendant Company: (a) 1,090 square meters prior to D, E, 2,376 square meters prior to E, F, 208 square meters; and (b) G 803 square meters prior to G (hereinafter “instant real estate”).
() A sales contract with a purchase price of KRW 195 million was concluded with respect to the purchase price (a contract deposit of KRW 50 million is KRW 50 million on September 29, 2017; an intermediate payment of KRW 50 million on September 29, 2017; and a balance of KRW 95 million on November 17, 2017.
hereinafter referred to as “instant sales contract”
(2) Of the terms and conditions of the instant sales contract, the content pertaining to the instant case is as follows.
Article 2 In the event that the seller has breached the contract, the buyer shall compensate for the amount double the down payment to the buyer, and when the buyer has performed the contract, the down payment shall revert to the seller, and the seller shall not claim the return of the down payment when the buyer requests the cancellation after the cancellation of the contract after the certificate of personal seal impression, etc. necessary for the permission of development at the request of the buyer (applicable provisions to the penalty) is issued by the seller (the contract deposit and the intermediate payment shall belong to the seller, the contract deposit and the intermediate payment shall be subject to the penalty provisions, and when the buyer fails to pay the balance by the due date, the seller may request the withdrawal of the consent to use the land
(3) The Defendant C guaranteed the Defendant Company’s obligation under the instant sales contract as the actual operator of the Defendant Company. C. The Plaintiff’s performance demand1) issued the Plaintiff’s certificate of personal seal impression, certified transcript of corporate register, business registration certificate, etc. so that the Defendant Company can obtain permission, etc. on the day of the instant sales contract.
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