(영문) 부산지방법원 2021.02.03 2020나2615 | 리걸엔진

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(영문) 부산지방법원 2021.02.03 2020나2615

위약금

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1. The defendant's appeal is dismissed.

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

The purport of the claim and the appeal shall be 1.

Reasons

Judgment on the Grounds of Claim

A. The following facts may be acknowledged either in dispute between the parties or in accordance with the purport of Gap evidence Nos. 1 and 2 and the whole pleadings:

1) On August 23, 2019, the Plaintiff sold to the Defendant the Busan Northern Complex D (hereinafter “instant apartment”) (hereinafter “instant sales contract”). Article 1 of the sales contract [The purchase price and payment date]: 158,000,000 won: 10,000 won: on the date of the contract, 8,000,000 won for the remainder payment on August 30, 2019: 148,000,000 won for the remainder payment on August 30, 2019: 148,00,000,000 won for the remainder payment on October 15, 2019 [the other party] Article 7 [the other party to the instant sales contract where the seller or purchaser has defaulted on the terms and conditions of this contract] shall be notified in writing to the person who has defaulted on the contract and may cancel the contract.

In addition, the parties to the contract may claim damages for the cancellation of the contract respectively to the other party, and the contract deposit shall be considered as the basis for damages, unless otherwise agreed.

2) On August 23, 2019, the Defendant notified the Plaintiff that the instant sales contract was rescinded on August 25, 2019, while paying KRW 2,000,000 to the Plaintiff as part of the down payment.

3) On September 3, 2019, the Plaintiff urged the Defendant to perform the instant sales contract, including the payment of the balance of down payment, but the Defendant rejected the request.

Accordingly, the Plaintiff expressed his intent to cancel the instant sales contract by serving the duplicate of the instant complaint.

B. According to the above facts, the sales contract of this case was lawfully rescinded by the Plaintiff’s declaration of intent to cancel the contract on the ground of the Defendant’s nonperformance of obligation.

Therefore, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the amount of KRW 8,00,000 under the agreement for penalty stipulated in the instant sales contract (i.e., contract amount of KRW 10,000,000 - the contract amount of KRW 2,000,000) and the delayed damages therefrom.

2. The defendant's defense.

유사 판례

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-수원지방법원 2014.11.14 2014나14273

-대구지방법원 2014.02.07 2013가합202568