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(영문) 수원지방법원 2014.05.29 2013가합8031
위약금
Text

1. As to the Plaintiff KRW 150,000,000 and its KRW 100,000 among them, the Defendant shall pay to the Plaintiff KRW 50,000 from December 1, 2012, and KRW 50,00,00.

Reasons

(b)on November 30, 2012, the remainder of KRW 1.4 billion in the intermediate payment of KRW 2 billion in the contract of KRW 2 billion in total;

A. On November 23, 2012, the Plaintiff concluded a sales contract with the Defendant, the owner of the instant real estate, and E (hereinafter “Defendant, etc.”) on behalf of each of the Defendant, the owner of the instant real estate and the purchase price of KRW 2 billion (hereinafter “instant sales contract”), and paid the down payment of KRW 200 million on the date of the contract.

The details of the instant sales contract are as follows.

Article 2 Section 3 of the title of the instant real estate is November 30, 2012, and the seller, at the time of the termination of the contract, compensates for a double of the down payment, and the buyer, at the time of the termination of the contract, may not claim the return of the down payment after the termination of the contract.*

2.The intermediate payments shall be replaced by 1.4 billion won in total of bank loans.

3. The balance shall be 400 million won on November 30, 2012.

B. On November 27, 2012, the Plaintiff, the Defendant, etc. drafted an application for loans in the name of the Plaintiff with agricultural cooperatives in order to verify the amount of the instant real estate collateral loan, which was decided to substitute the intermediate payment for the intermediate payment, but the follow-up procedure for debt acquisition was not carried out with the opinions on the payment of the intermediate payment and the remainder.

C. On November 30, 2012, the remaining payment date, the Plaintiff went to the place where the Plaintiff promised to prepare and promise the balance KRW 400 million, but the Defendant et al. refused to receive the balance on the ground that the Defendant et al. did not assume the obligation of the loan.

Around December 4, 2012, the Defendant et al. was unable to receive any balance due to the Plaintiff’s failure to assume the obligation to repay the intermediate payment and to perform the remainder by December 10, 2012, and the Defendant et al. notified the Plaintiff of the fact that the sales contract would be terminated if the Plaintiff fails to perform the obligation to repay the intermediate payment and perform the remainder by December 10, 2012, and thereafter E reached the Plaintiff.

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