(영문) 인천지방법원부천지원 2014.08.20 2014가단11415

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(영문) 인천지방법원부천지원 2014.08.20 2014가단11415

손해배상(기)

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1. The Defendant’s KRW 22,484,240 for the Plaintiff and 6% per annum from October 11, 2013 to August 20, 2014.

Reasons

1. Facts of recognition;

A. On September 21, 2009, the Plaintiff, a company running a business of housing construction, etc., constructed Kimpo-si B apartment (hereinafter “instant apartment”) and sold the instant apartment 106 Dong 201 to the Defendant at KRW 312,100,000 (hereinafter “instant apartment sales contract”), and the Defendant paid KRW 15,605,000 as the first down payment on the same day.

B. The Defendant paid the intermediate payment and balance on each designated date pursuant to the instant sales contract, and the main contents of the instant sales contract are as follows.

Article 2 [Cancellation of Contract] (1) A (hereinafter referred to as the "Plaintiff") may cancel this contract where the Party B (hereinafter referred to as the "Defendant") commits any of the following acts, upon giving notice, and the performance thereof is not possible:

2. When he/she fails to pay any balance within three months from the agreed date.

3. In the event that a loan is arranged by the Plaintiff’s guarantee and the Defendant’s loan is not paid with interest, etc., and the financial institution claims repayment on behalf of the Plaintiff, when the Plaintiff did not pay the interest, etc. to the financial institution even at least twice a grace period of not less than 14 days and the Defendant did not pay the interest, etc. to the financial institution: Provided, That the purport of “the contract shall be cancelled if the interest, etc. is not paid to the financial institution after the grace period has expired, and the remainder

Article 3 [Penalties] ① When this contract is terminated for reasons falling under Article 2 (1) (1) through (3), 10% of the total amount of the sale price shall be reverted to the plaintiff as a penalty.

3. In the case of paragraph (1) 1, the Plaintiff shall refund to the Defendant the amount already paid by the Defendant (the penalty shall be deducted in the case of paragraph (1)) plus interest equivalent to 5% per annum from the date of receipt to the date of repayment

(c).

유사 판례

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