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(영문) 제주지방법원 2016.09.29 2016가합10663
매매대금반환
Text

The defendant's KRW 36,00,000 and its amount shall be 5% per annum from December 1, 2015 to April 28, 2016 to the plaintiff.

Reasons

Facts of recognition

A. On September 23, 2013, the Plaintiff (the People’s Republic of China) concluded a sales contract in which the Defendant and the Defendant newly constructed in Jeju City in the D Recreation L108 Dong 102 (hereinafter “instant condominiums”) purchase price of KRW 600,000,00 (hereinafter “instant exclusive ownership agreement”). The main contents of the instant contract are as follows.

The sale price (Article 2): 600,000,000 won for the intermediate payment: 120,000 won (payment within one month after the conclusion of the contract) (2) The intermediate payment: 60,000,000 won for the intermediate payment (payment before September 25, 2013): The remainder: The scheduled date for completion of payment: the scheduled date for use on November 22, 2014: If the Defendant delays delivery of the instant exclusive portion within one month after completion (Article 6): (1) If the delayed period does not exceed 60 days, the Defendant shall pay the Plaintiff 0.05% of the amount received from the Plaintiff as penalty, and the instant contract remains in existence. (2) If the period exceeds 60 days, the Plaintiff may rescind the instant contract. In the event that the Plaintiff cancels the instant contract, the Defendant shall return all of the sale price already received to the Plaintiff within 10 days from the date of receipt of the notice of cancellation, and shall return the sale price to the Plaintiff as penalty.

b. If the plaintiff intends to maintain the contract of this case, the defendant shall pay 0.06% of the sales price already paid to the plaintiff per day as penalty.

(b).

On September 23, 2013, the Plaintiff paid the Defendant the sum of KRW 280,00,000 in the intermediate payment of KRW 60,000,000 on September 25, 2013, and KRW 100,000 in the intermediate payment of KRW 100,000 on September 23, 2014 (i.e., KRW 120,000 in the instant contract) (i.e., KRW 60,000 in the intermediate payment of KRW 10,000 on September 23, 2014).

C. On Nov. 1, 2015, the Defendant, one year after the completion date of the instant contract, as stipulated in the instant contract.

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