logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 수원지방법원성남지원 2014.02.13 2013가합740
위약금 등
Text

1. The defendant,

A. The Plaintiff KRW 323,041,908 and the Plaintiff’s annual rate of 5% from February 1, 2013 to February 13, 2014.

Reasons

1. Basic facts

A. 1) On June 8, 2009, the Plaintiff entered each real estate listed in the separate sheet owned by the Defendant (hereinafter “each real estate of this case”) from the Defendant as indicated in the separate sheet owned by the Defendant, and the building listed in paragraph 2 of the same list is “the building of this case”.

2) The sales contract to purchase the purchase price of KRW 4.5 billion (hereinafter “instant sales contract”).

(2) In the above sales contract (Article 8), the Plaintiff entered into a contract, and the seller has paid twice the down payment to the buyer, and if the buyer has paid the down payment, he cannot claim the return of the down payment. (2) The Plaintiff paid the Defendant the remainder of the down payment on June 8, 2009, the down payment of KRW 450 million to the Defendant, and the remainder of November 23, 2009, respectively.

B. 1) On January 26, 2010 between the Plaintiff and the Defendant, the settlement prior to the filing of the instant lawsuit (Seoul Eastern District Court 2009No. 661) with respect to the instant sales contract was concluded as follows.

Reconciliation Clause

1. The price under the instant sales contract between the Plaintiff and the Defendant shall be 4.5 billion won.

2. The Plaintiff paid 450 million won as down payment under the instant sales contract, and the Defendant confirmed that he received the down payment.

3. According to the instant sales contract between the Plaintiff and the Defendant, the Plaintiff succeeds to the Defendant’s obligation of KRW 3.8 billion and succeeds to the purchase price as follows.

The Defendant’s obligation of KRW 3,450,000,000, which was loaned from the Gyeonggi-si High Credit Union and the Long-Term Credit Union as security for each of the instant real estate, is to be succeeded to by the Plaintiff

B. The lease deposit under a lease agreement with the Defendant and the first floor “D” of the instant building is KRW 150,000,000,000, and the Plaintiff succeeds to the obligation to refund the deposit amount of KRW 150,000,000 as the lessor’s status.

C. The lease deposit under a lease agreement with the Defendant and the 1st floor of the instant building is KRW 100 million, and the Plaintiff is the obligation to refund the deposit amount of KRW 100 million.

arrow