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(영문) 광주지방법원 2014.10.24 2014가합5007
계약금반환 및 위약금청구
Text

1. The Defendant shall pay to the Plaintiff KRW 200,000,000 as well as 20% per annum from September 5, 2014 to the day of complete payment.

Reasons

1. Indication of claim;

A. On February 25, 2014, the Plaintiff entered into a sales contract with the Defendant to purchase KRW 600,000,000 (hereinafter “instant sales contract”). On the same day, the Plaintiff paid KRW 100,000 to the Defendant the down payment. The main content of the instant sales contract is as follows.

◎ 부동산매매계약서 매매대금 600,000,000원 계 약 금 100,000,000 지급일 2014년 월 일 영수함(인) 중 도 금 공란 지급일 2014년 월 일 잔 금 500,000,000 지급일 2014년 5월 30일

2. If the seller of the purchase price and payment method, he shall compensate the buyer for the double the down payment with the penalty, and if the buyer has left the down payment, the right to claim the return thereof shall be lost by deeming the down payment as a penalty.

The same shall also apply even after commencement of contract execution.

Matters of special agreement

1. Sale and purchase including all facilities of gas stations in the sale and purchase real estate; and

1. The tenant shall settle his/her remainder before the date of the remainder and make it inefficient;

B. On June 19, 201, the Plaintiff sent a content-certified mail stating the declaration of intent to terminate the instant sales contract on the ground that the Defendant breached a special agreement that “the tenants shall settle before the payment date of the remainder and at the end,” and the above content-certified mail reached the Defendant around that time.

C. Therefore, pursuant to Article 6 of the instant sales contract, the Defendant is obligated to pay to the Plaintiff the sum of KRW 200,000,000,000 in total for the instant down payment and penalty and damages for delay at the rate of 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from September 5, 2014 to the date of full payment, which is the day following the day of delivery

2. Judgment by public notice of applicable provisions of Acts (Article 208 (3) 3 of the Civil Procedure Act);

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