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(영문) 서울서부지방법원 2019.05.17 2018가단231409
약정금
Text

1. Defendants B and C shall jointly and severally pay to the Plaintiff KRW 16,50,000 and the interest rate thereon from November 15, 2018 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff is a licensed real estate agent operating the F Licensed Real Estate Agent Office in Eunpyeong-gu Seoul Metropolitan Government E.

B. On April 13, 2018, Defendant B and C entered into a contract with Defendant D to sell the instant real estate at KRW 5,250,000,00 with the Eunpyeong-gu Seoul, H and its ground (hereinafter collectively referred to as “instant real estate”).

Article 7 of the contract, which was prepared at the time, stated that brokerage fees shall be paid even if the contract is null and void, cancelled, or cancelled without the intention or negligence of the real estate agent, and the confirmation and explanatory note of the object of brokerage prepared by the plaintiff is stated as the brokerage fees of KRW 47,250,00 (Additional Tax).

Defendant D paid Defendant B and C the down payment of KRW 500,000,000, out of the purchase price.

C. However, on April 20, 2018, the Plaintiff and the Defendants drafted the “Agreement on Termination of Contracts” with the following contents, and Defendant B and C wired KRW 30,000,000 to Defendant D on the same day.

In relation to the instant real estate sales contract, the contract is terminated by the expression of intention of both parties.

1. The down payment (payment of KRW 500,000,000) paid at the time of the contract shall be refunded to the purchaser by April 24, 2018;

2. Subject to the termination, a seller shall pay 30,000,000 won per day immediately after the termination agreement of the buyer.

3. If the contract is concluded and the failure to perform the return performance amounting to KRW 500,000,000 on April 24, 2018 is not terminated, this contract shall be performed as the first contract and the remaining date shall run simultaneously as the bank loan arises (no later than May 9, 2018).

At the time of the performance of the contract, KRW 30,000,000 paid to the buyer under the terms of the termination of the contract does not require the buyer to return due to the breach of the termination contract.

4. Where a contract is implemented, the preparation of a seller's lease contract shall be April 24, 2018.

5. In performing a contract, the buyer shall pay an intermediate payment of KRW 100,000,000 as an intermediate payment on April 25, 2018.

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