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(영문) 춘천지방법원영월지원 2016.09.21 2016가단337

계약금반환 및 위약금

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1. The Defendant shall pay the Plaintiff KRW 100,000,000 and the interest rate of KRW 15% per annum from March 10, 2016 to the date of full payment.

Reasons

On October 27, 2015, with respect to each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) between the Plaintiff and C, the following:

(hereinafter referred to as the “instant sales contract”). Article 2 of the real estate sales contract provides that the buyer shall pay the sales amount as follows:

Article 6 of the payment of the purchase price of KRW 300,000,000 for the down payment of KRW 50,000,000 for the remainder of KRW 250,000 for the intermediate payment of KRW 0 on October 27, 2015 and KRW 250,000 for the intermediate payment of KRW 250,000 for the intermediate payment of KRW 0 on November 27, 2015 shall be reimbursed by the seller at the time of the breach of the contract, and the buyer shall waive the down payment and not

Special Agreement:

1. One grave shall be the disability cycle until December 30 of this year;

2.The sale shall be on the present condition, and the 5 boxes above ground shall be responsible for the seller.

3. Any balance shall be replaced by loans and shall be paid on the date of loan to the agricultural cooperative.

4. The remainder date shall be after one month, and it shall be the time a loan is executed by a bank.

5. The down payment shall be deposited into the account of the agent.

On October 27, 2015, the Defendant (the Plaintiff) paid the down payment of KRW 50,000,000 under the said sales contract to C on October 27, 2015.

【The grounds for recognition” evidence Nos. 1 and 2-1 and 2-2, and the purport of the entire pleadings are asserted by the Plaintiff between the Plaintiff and the Defendant’s agent C, but the Defendant clearly expressed his intent to refuse to perform the obligation to transfer ownership pursuant to the instant sales contract. Thus, the Defendant is liable to pay the Plaintiff KRW 100,000,000, which is the double amount of the down payment paid by the Plaintiff pursuant to Article 6 of the instant sales contract, and damages for delay.

The defendant did not grant the right of representation to the defendant C regarding the sale of each real estate of this case.

Therefore, it is an unauthorized Representative.