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(영문) 수원지방법원 2016.05.26 2015나44226
해약금
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasons for the court's explanation of this case are as follows: Article 6 of the contract of this case is used as "Article 7 of the contract of this case" in Part 4 of the decision of the court of first instance; Article 7 of the contract of this case is used as "Article 7 of the contract of this case"; and Article 420 of the Civil Procedure Act is as stated in the part of the judgment of the court of first instance, except for addition of the judgment under Paragraph 2 below as to the plaintiff and the defendant's repeated argument.

2. Additional determination

A. According to Article 6 of the sales contract of this case, when the buyer delivers money or goods to the seller as the contract deposit or the security deposit at the time of the contract, unless otherwise agreed, the seller may repay the amount of the contract deposit and give up the contract deposit and cancel the contract deposit. However, the defendant notified the plaintiff that the contract of this case will cancel the contract of this case, and the defendant shall exercise the right to cancel the contract of this case. Therefore, since the contract of this case was cancelled by the defendant's exercise of the right to cancel, the defendant is liable to pay 30,000,000 won to the plaintiff. 2) Even if the contract of this case has the nature of the contract of this case as the contract deposit of this case, if one of the parties is to pay the contract deposit as the penalty, the seller can be deemed to have the nature of the liquidated damages pursuant to Article 398 (4) of the Civil Act, and if the contract of this case has the nature of the contract deposit of this case as the contract deposit is cancelled as well as the nature of the contract deposit.

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