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(영문) 대구지방법원김천지원 2017.07.27 2016가단33888

약정금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for 30,000,000 won and each year from November 11, 2016 to July 27, 2017.

Reasons

1. Basic facts

A. The Defendants jointly owned a multi-family house with the fourth floor size located in the Gu and Si/Gun (hereinafter “instant studio”).

B. On August 2, 2016, the Plaintiff concluded a sales contract with the Defendants to purchase the instant studio at KRW 710 million from the Defendants (hereinafter “instant sales contract”).

The Plaintiff, upon entering into a contract, agreed to pay the Defendants the remainder of KRW 470 million up to September 20, 2016, respectively, and agreed to substitute the payment in the manner of acquiring the Defendants’ obligations of loans.

The relevant provisions of the instant sales contract are as follows.

Article 5 (Cancellation of Contract) If the buyer does not pay the intermediate payment (if there is no intermediate payment), the seller shall reimburse the sum of the down payment, and the buyer may waive the down payment and rescind this contract.

Article 6 (Non-performance of Obligations and Compensation for Damages) Where a seller or a purchaser has defaulted on the terms and conditions of this Agreement, the other party may terminate the contract by peremptory notice in writing to the person who has defaulted on the contract.

In addition, the parties to the contract may claim damages from the other party due to the cancellation of contract respectively, and the contract deposit shall be considered as compensation for damages, unless otherwise agreed.

C. By August 3, 2016, the Plaintiff paid the Defendants a down payment of KRW 30 million.

The remaining payment date was changed on September 29, 2016.

On September 29, 2016, the Plaintiff demanded the return of down payment, based on the fact that Defendant B had a factory room different from the initial explanation in the studio of this case. D.

The Defendants, on October 6, 2016, notified the Plaintiff that “the Plaintiff unilaterally cancelled the instant sales contract on September 29, 2016,” under the title “Notice” to the Plaintiff.

Accordingly, Article 5 of the sales contract of this case is stipulated.