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(영문) 광주지방법원 순천지원 2018.09.04 2018가단4325

계약금반환

Text

1. The Defendant’s KRW 50,000,000 and the Plaintiff’s annual rate of 5% from October 31, 2017 to May 3, 2018.

Reasons

1. Determination as to the cause of claim

A. If the purport of the entire pleadings is added to the statements in Gap evidence Nos. 1 through 5 (including additional numbers), the plaintiff purchased from the defendant on July 10, 2017 the land and buildings thereon (hereinafter "the real estate in this case") 1,350,00,000 won from the defendant on July 10, 2017, and the down payment amount of KRW 50,000 shall be KRW 1,101,000 on the date of the contract, and the loan amount of KRW 1,101,00,000 (the bank) shall be succeeded to the plaintiff on the date of the contract, and the provisional attachment of 1.5,30,000,000, 267,300,000, 280,095,210,210,75,0000 after the cancellation of the contract.

2.The balance shall be paid after the cancellation of 1,056,00,000 won, 360,000,000 won, and 60,000,000 won.

3. The purchase price shall be borne by the D Company.

4. All documents shall be arranged until October 30, 2017;

"The sales contract of this case" (hereinafter referred to as "the sales contract of this case") was entered into; the Plaintiff paid the Defendant the down payment of KRW 50,00,000 at the same time as the contract was concluded; and the Plaintiff entered into a contract to withdraw the establishment and provisional attachment by October 30, 2017 and pay the remainder thereof on or before February 28, 2018, but the Plaintiff failed to perform it; thus, the Plaintiff sent a certificate of the content that it would be cancelled to the Defendant on or around March 7, 2018; and Article 6 of the sales contract of this case provides that if the seller or the purchaser fails to perform the terms of this contract, the other party may notify the non-performance in writing and cancel the contract.

According to the above facts, the defendant is obligated to pay 50,00,000 won of the down payment that the plaintiff paid to the original state following the cancellation of the contract and damages for delay calculated by the ratio of 5% per annum prescribed by the Civil Act from October 31, 2017 to May 3, 2018, the delivery date of the payment order in this case, and 15% per annum prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.

(b).