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(영문) 서울남부지방법원 2016.06.23 2015가합111540

위약금청구의 소

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs shared the 3,266 square meters of land for a factory in the light name (hereinafter “instant land”).

Article 2 [Sales Price] ① Total sale price is KRW 9,879,600,00.

Article 3 [Time and Method of Payment for Purchase Price] (1) Contract deposit shall be one billion won.

50 million won shall be paid at the time of the contract, and the remaining KRW 500 million shall be paid at the time of passing the construction deliberation in light.

(2) Any balance of 8,879,600,000 won shall be paid on November 26, 2012.

Article 6 [Cancellation of Contract] Unless otherwise agreed, A (the plaintiff, hereinafter the same shall apply) shall reimburse the remainder of the down payment, and B (the defendant, hereinafter the same shall apply) may waive the down payment and rescind this contract.

Article 7 [Non-performance of Obligations and Compensation for Damages] (1) In case of default on obligations under this Agreement to A or B, the other party may demand in writing the person who has defaulted and rescind the contract.

(2) Where a contract is rescinded pursuant to paragraph (1), unless otherwise agreed upon, a contract deposit shall be confiscated, and where a contract deposit has been breaching, a double the contract deposit shall be compensated for.

Matters of special agreement

3. If the construction review of the instant land for which a request was filed by Party B is not passed or if the remaining 500 million won agreed within two months after its passage is not paid, this Agreement shall be deemed to have been rescinded and the amount of 500 million won already paid shall be reverted to Party A.

4. Upon filing an application for a construction permit for the instant land by Eul, Gap will provide a letter of consent to the use of the instant land, and Eul shall pay the remaining KRW 500 million out of the down payment.

5. If the balance is not paid on the agreed date, this Agreement shall be deemed to be immediately rescinded, and the down payment of one billion won shall be reverted to A.

B. On March 27, 2012, the Plaintiffs entered into a sales contract with the Defendant regarding the instant land, etc. (hereinafter “instant sales contract”).