해약금 지급 청구의 소
1. The defendant shall pay 120,000,000 won to the plaintiff and 5% per annum from June 13, 2020 to August 20, 2020.
1. The following facts do not conflict between the Parties:
Around October 2019, the Defendant requested a licensed real estate agent C to sell D Apartment E (hereinafter “instant apartment”) in Seongbuk-gu, Sungnam-gu, Sungnam-gu, Seoul (hereinafter “instant apartment”).
On the other hand, the plaintiff requested a licensed real estate agent F to purchase apartment units, and the above licensed real estate agent arranged both parties at the request of the client and set the purchase price of the apartment of this case at KRW 945,00,000.
B. The Plaintiff deposited KRW 7,00,000,000 to the Defendant on October 22, 2019, and KRW 113,000,000 on November 2, 2019, respectively.
[Total: 120,000,000 won (=120,000,000 won)]
A. Plaintiff 1) The primary cause of claim (i.e., claim for the payment of penalty following the nonperformance of the instant sales contract) and the Defendant concluded a sales contract with respect to the instant apartment at KRW 945,00,000 with respect to the total purchase price of the instant apartment and KRW 120,000 with respect to the down payment (hereinafter “instant sales contract”).
(2) The Plaintiff paid 120,000,000 won to the Defendant according to the instant sales contract. However, the Defendant unilaterally rescinded the instant sales contract with the rise in apartment price. Therefore, the Defendant is obligated to pay the Plaintiff the amount of KRW 240,000,000, which is two times the down payment pursuant to the instant sales contract, as damages for nonperformance of the instant sales contract. (2) If the instant sales contract was not concluded (i.e., a claim for restitution of unjust enrichment), the Defendant received KRW 120,00,000 from the Plaintiff without any legal ground, and thus, the Defendant shall return the said money to the Plaintiff.
B. The Plaintiff and the Defendant merely conducted negotiations to conclude a sales contract for the instant apartment, and KRW 7,00,000, which the Plaintiff deposited to the Defendant on October 22, 2019, is the name of the provisional contract for concluding a sales contract for the instant apartment.