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(영문) 부산고등법원 2015.02.10 2014나6718

계약금반환

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On December 16, 2012, the Plaintiff entered into a sales contract with the Defendant to purchase real estate listed in the separate sheet (hereinafter “instant real estate”) in the purchase price of KRW 3.27 billion (excluding value-added tax) (hereinafter “instant sales contract”). The main content is as follows.

Article 3 (Sales Payment Method), 200 million won of down payment (in the case of a contract), 300 million won of down payment (up to January 8, 2013), part payments of 300 million won (up to February 8, 2013), balance of 270 million won (up to April 25, 2013), [non-fixed and agreed matters] Existing loan (up to April 25, 2013) 2.2 billion won of the transfer registration of ownership shall be succeeded to by the Plaintiff.

The liability of the telecom(50 million won) and the telecom(20 million won) including Adong 2 singing rooms(20 million won), the defendant's order, and the singing and studio are responsible for and ordered by the plaintiff.

Article 4 (Payment of Damages for Delayed Payment) If the Plaintiff fails to pay the price within the time limit set forth in Article 3, the contract shall be automatically terminated, and the down payment shall naturally belong to the Defendant.

Article 7 (Cancellation of Contract and Penalty) (1) The time when the plaintiff cancels the contract under Article 4 shall be automatically cancelled without written notification, and the down payment shall naturally belong to the defendant.

(2) As to the penalty for breach of contract, where the defendant has neglected the contract, he/she shall pay a double of the down payment to the plaintiff, and where the plaintiff has neglected the contract, the down payment that the plaintiff paid to the defendant

B. On December 16, 2012, pursuant to Article 3 of the instant sales contract, the Plaintiff paid 200 million won, which is part of the down payment, to the Defendant.

However, on January 8, 2013, which was before January 8, 2013, the remaining down payment period of KRW 300 million, the Plaintiff sent to the Defendant a certificate of content requiring the Defendant to answer the previous sales contract and the delivery of stores, etc., and thereafter, the Plaintiff did not pay the said down payment of KRW 300 million.

C. As to this, the Defendant, on January 14, 2013, pursuant to Articles 4 and 7(1) of the instant sales contract.