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(영문) 서울북부지방법원 2019.01.16 2018가단7914
부동산 매매를 원인으로 한 위약금
Text

1. The Defendant: (a) KRW 100,000,000 and 5% per annum from May 3, 2018 to January 16, 2019 to the Plaintiff; and (b) thereafter,

Reasons

1. Facts of recognition;

A. On July 13, 2016, the Plaintiff entered into a sales contract with the Defendant for KRW 100,000,000 for the purchase price of KRW 21,49 square meters for C forest land in Chuncheon (hereinafter “instant sales contract”).

B. On the same day, the Defendant issued a promissory note of KRW 100,000,000 as of August 30, 2016 for the payment of the purchase price to the Plaintiff, and KRW 50,000,000 until August 30, 2016; and KRW 50,000,000 until October 30, 2016.

C. On September 12, 2017, the Plaintiff notified, by content-certified mail, that a penalty of KRW 100,000 under the instant contract should be paid as the Defendant did not pay a promissory note payment.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5, purport of whole pleadings

2. According to the facts of determination, since the sales contract of this case was cancelled due to the Defendant's default, the Defendant is obligated to pay the Plaintiff penalty of KRW 100,000,000 according to the sales contract and delay damages.

The defendant asserts that since the contract of this case was based on the development of forest land, it was impossible to develop forest land and agreed to cancel the sale, the plaintiff's claim is unjust.

The statement of the evidence No. 1 is insufficient to admit the defendant's assertion, and there is no other evidence to acknowledge it.

3. citing the Plaintiff’s claim for conclusion

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