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(영문) 서울중앙지방법원 2016.02.02 2015나55365

약정금

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. The defendant is a sales agent of Yongsan-gu apartment B (hereinafter “the apartment of this case”)

(2) The Plaintiff is a person who purchased the above apartment unit No. 403 (hereinafter “instant apartment”) through the Defendant.

B. The Plaintiff and the Defendant concluded the instant apartment sale contract on December 4, 2014.

At the time, the Plaintiff and the Defendant agreed to return to the Plaintiff KRW 84,244,140 (hereinafter “instant contract amount”) within one month from the date of full payment when the Plaintiff fully pays the purchase price of KRW 1,034,244,140 as stated in the sales contract.

C. The Plaintiff paid the remainder of the purchase price of the instant apartment on February 27, 2015.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 4, purport of whole pleadings

2. According to the facts of the above recognition, the Defendant is obligated to pay to the Plaintiff the amount of KRW 84,244,140 of the instant agreement and the damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from March 28, 2015 to the service date of the duplicate of the instant complaint, which is after the payment deadline, and 20% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

3. The plaintiff's claim of this case is justified, and the judgment of the court of first instance is just and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.