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(영문) 서울동부지방법원 2017.08.16 2016가단143384

약정금

Text

1. The Defendant shall pay to the Plaintiff KRW 86,870,668 and the interest rate of KRW 15% per annum from December 1, 2016 to the date of full payment.

Reasons

1. Basic facts

A. On December 15, 2015, the Plaintiff entered into a sales contract with the Defendant to sell the instant real estate at KRW 1,010,000 with respect to the purchase price for the Gangdong-gu Seoul Metropolitan Government (Road Name Address), Seoul Metropolitan Government C large 119.3 square meters and its ground buildings (hereinafter “instant real estate”) owned by the Plaintiff (hereinafter “the instant first sales contract”), and agreed to deliver all documents necessary for the registration of transfer of ownership to the Defendant and to cooperate in the registration procedure at the time of receipt of the remainder.

1. On December 15, 2015, there exists a mutual agreement with regard to the instant real estate.

2. On January 30, 2016, the Defendant shall pay to the Plaintiff penalty of KRW 30,000,000 for the penalty for breach of contract due to the payment of the down payment on the first sale contract of the instant case.

3. The contract formation is effective when the defendant pays 30,000,000 won to the plaintiff.

4. The corporation that implements a project and the landowner shall pay the balance (1,010,000,000 won) of the contract at the same time as the penalty is paid by April 30, 2016;

5. All contracts shall be null and void, and all relevant documents shall be returned, if the executor fails to pay any balance from April 30, 2016.

6. On or after April 30, 2016, interest rate of 1.5% per month shall be paid from April 30, 2016 to the payment of remainder.

7. Ascertainment that there is no room for dispute over the said matters in the future, and that they are mutually aware of it;

B. As the Defendant did not pay the purchase price pursuant to the instant first sales contract, the Plaintiff received KRW 30,000,000 from the Defendant as a penalty on April 1, 2016, and the Plaintiff increased the purchase price of KRW 1,040,000,000, plus the above KRW 30,000,000, which is the previous purchase price; however, the remainder KRW 1,010,000,000 is paid until April 30, 2016, and all documents necessary for the registration of transfer of ownership are issued to the Defendant at the time of the receipt of the remainder.