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(영문) 서울서부지방법원 2016.09.29 2016나32449

위약금

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

purport:

Reasons

1. Basic facts

A. On April 1, 2015, the Plaintiff entered into an agreement with the Defendant to purchase the right of sale (hereinafter “instant right of sale”) of Jongno-gu Seoul Metropolitan Government Jongno-gu 201 Dong 1601, and KRW 8,3920,000,00 of the purchase price (hereinafter “instant right”) and entered into a contract with the Defendant to enter into the contract on July 10, 2015 (hereinafter “instant promise”) and paid the Defendant a provisional contract amount of KRW 1,00,000 on the same day.

1) Sale price: KRW 83.92 million: the provisional contract price: KRW 1.00,000: the Plaintiff paid to the Defendant the sales price of KRW 1.0 million on April 1, 2015, and the Defendant decided not to sell the said sales right. Moreover, the Plaintiff shall pay the Defendant the down payment by April 10, 2015, and the Defendant shall return KRW 20,000,000,000,000,000,000 which was paid to the Plaintiff as the provisional contract deposit. In the event of violation, the Plaintiff shall waive the payment by the provisional contract deposit, and the Defendant shall pay the remainder and the down payment (1.4 million,00,000,0000,000,000,000,000,000 as the penalty) as the penalty for breach of the contract on July 10, 2015.

B. On April 7, 2015, the Defendant informed the Plaintiff of the account number of an independent written branch of a national bank entitled to receive down payment of KRW 20 million, and the Plaintiff intended to transfer KRW 20 million from China to the said bank account through the foreign exchange remittance procedure, but the Defendant requested the relevant bank to refuse to receive the said foreign exchange remittance and did not carry out the foreign exchange remittance.

On April 23, 2015, the Defendant continued the instant lawsuit, and returned KRW 1 million to the Plaintiff via a real estate brokerage company, and the Plaintiff and the Defendant did not enter into a sales contract for the instant sales right on July 10, 2015, as prescribed by the said agreement.

[Ground of recognition] Facts without dispute, Gap 13, 4, 5, Eul 1, the purport of the whole pleadings

2. Determination on the cause of the claim.