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(영문) 서울중앙지방법원 2020.11.12 2019가합557933

약정금

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On January 8, 2014, the Plaintiff entered into a sales contract between the Plaintiff and the Defendant with the Defendant for sale of at least 22 billion won in Jinju-si C Dae-si 9,55.6 square meters (hereinafter “instant land”).

(hereinafter “instant sales contract”). The main contents of the instant sales contract are as follows.

Article 2 (1) The purchase price of the instant land shall be KRW 22 billion, and the terms and conditions of payment shall be as follows:

(1) On February 5, 2014, KRW 25.4% of the remainder on February 5, 2014, KRW 90% of the remainder on February 5, 2014, KRW 100% of the total of 90 days from February 5, 2014, KRW 22 billion, etc. (1) the Plaintiff received any balance from the Defendant, at the same time, issued all documents necessary for the registration of transfer of ownership of the instant land, and delivered the instant land to the Defendant.

(A) The date the documents are delivered under this subsection (hereinafter referred to as “the date the transaction is closed”). Taxes and public charges imposed on the land of this case under Article 4 shall be imposed by the Plaintiff not later than the date the transaction is closed, while those imposed thereafter including the date the transaction is closed shall be borne by the Defendant.

Article 5 If the defendant fails to pay the remainder specified in Article 2 by the due date for payment, the delay damages calculated at the rate of 18% per annum in accordance with the number of delayed days shall be paid to the plaintiff.

B. The Defendant delayed the payment of the remainder and completed ownership transfer registration (1) and the Defendant failed to pay the remainder of 19.8 billion won from February 5, 2014, which was the remainder payment date stipulated under Article 2(1) of the instant sales contract, to May 6, 2014. On May 15, 2014, the Plaintiff paid to the Plaintiff KRW 3 billion as part of the remainder and the liquidated damages, and KRW 6 billion as part of the remainder and the liquidated damages, respectively. 2) on May 20, 2014.