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(영문) 수원지방법원 2019.09.05 2019가단1929
약정금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 41,00,000 and 5% per annum from December 11, 2018 to September 5, 2019.

Reasons

1. The following facts are acknowledged to the effect that there is no dispute or the entire pleadings, in addition to each macro- documentary evidence.

Plaintiff

On October 5, 2018, the apartment sales contract was prepared on October 5, 2018 with respect to the “Da apartment E” owned by the owner (hereinafter “instant apartment”).

The seller is the plaintiff, and the buyer's name is written in writing by the defendant B, and his seal is affixed next to it.

[A] The above sales contract is referred to as “instant sales contract.” The sales price is KRW 577,500,000.

Of them, ① KRW 57 billion in down payment was agreed to pay the intermediate payment of KRW 200 million on October 22, 2018; ② the intermediate payment of KRW 320,50 million in remainder; and ③ the remainder of KRW 320,50 million on November 30, 2018.

In addition, Article 3 of the Special Agreement provides that "10 million won out of the contract deposit shall be deposited on a gold-day, and the remaining 47 million won shall be deposited by October 22, 2018 (the total amount of the down payment specified at the time of the payment of the down payment shall be the compensation for damages due to the cancellation of the contract by the deadline. The same standard shall also apply to the case of the seller's cancellation before the deadline)" was added.

[Attachment A and the above special agreement (hereinafter referred to as the “instant special agreement”). Defendant B paid KRW 6 million to the Plaintiff on October 22, 2018, which was stipulated in the instant special agreement (hereinafter referred to as the “instant special agreement”). Defendant B did not pay the remainder of the down payment KRW 41 million and the intermediate payment, and the remainder was not paid at all.

On December 3, 2018, Defendant C delivered to the Plaintiff on December 2, 2018 a written statement that “I would pay the amount equivalent to the contract deposit as penalty and want to cancel the instant sales contract,” and on December 3, 2018, Defendant C would be liable for and paid to the Plaintiff KRW 41 million in the balance of the penalty until December 10, 2018 (=57 million in the down payment - KRW 10 million in the down payment + 6 million).”

[Attachment 2, witness, and each of the instant notes] The Defendants are mutually among the parties from July 2017 to Mandodones, and around February 2018.

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