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(영문) 서울중앙지방법원 2018.03.16 2016가단41287

위약금

Text

1. The Defendant shall pay the Plaintiff KRW 200,000,000 and the interest rate of KRW 15% per annum from April 9, 2016 to the date of complete payment.

Reasons

1. Subject matter of basic facts: C1 books, D 1 books, E 1 books, F 1 boxes, G 1 boxes (hereinafter “instant works”): The seller shall deliver the total sum of five points of the said works to B at the fourth floor buyer office in Seocho-gu Seoul, Seoul, on March 1, 2016.

B From the fact that the buyer’s purchase price is KRW 200 million, the buyer deposits into the bank account of A on March 2, 2016 with the down payment and intermediate payment, and the balance of KRW 200 million shall be deposited into the bank account of the seller within 20 days after the contract is concluded.

(Account: I Bank J. In the event of a breach of this contract, the cause provider shall pay 10% of the purchase and sale amount to the other party as penalty.

On February 24, 2016, the Plaintiff and the Defendant concluded the instant sales contract with the following terms.

B. The Defendant did not fully pay the purchase price to the Plaintiff up to now.

[Ground of recognition] Facts without dispute, Gap evidence, witness K's testimony, the purport of the whole pleadings

2. Determination

A. Determination 1 on the cause of the claim is based on the facts of recognition (based on each of the above evidence) around February 2016 (based on the date of delivery under the instant sales contract), and is the end of March 1, 2016 set forth on the date of delivery under the instant sales contract.

() The Defendant requested the Plaintiff to bring the instant work while the purchase price was prepared. The Plaintiff and the Defendant (the name “L”) who participated in the instant work, appears to play an intermediary role between the Plaintiff and the Defendant in the instant sales contract.

) The Defendant waiting to communicate with the Defendant in a coffee shop in the vicinity of the Defendant’s Hbuilding office. However, the Defendant testified that the Defendant did not seem to contact, and that he would again go again on the following day (the Witness K was the Defendant’s statement that he was directly going to his office).

. Accordingly, the Plaintiff and K stored the instant works on behalf of the Plaintiff, and upon the Defendant’s request, the Plaintiff and K decided to deliver the instant works to the Defendant.

After that, K shall continue to be the defendant.