(영문) 수원지방법원 2020.09.23 2019가합1315

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(영문) 수원지방법원 2020.09.23 2019가합1315

계약금반환

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1. The defendant's KRW 262,200,000 per annum for the plaintiff and 6% per annum for the period from January 17, 2020 to September 23, 2020.

Reasons

1. Basic facts

A. On October 16, 2017, the Plaintiff entered into a sales contract with the Defendant for the sales of the gas station located on the land C and D, and the building and facilities of the gas station located on the ground thereof, and the Defendant corporation as the subject matter of the sale (hereinafter “instant gas station, etc.”), and paid the purchase price of KRW 2.65 billion (the contract amount of KRW 40 million, the remainder of KRW 2250 million, and the contract amount of KRW 400 million (hereinafter “instant sales contract”), and paid the Defendant the down payment of KRW 40 million (hereinafter “the down payment”).

B. Of the instant sales contract, the provisions of the special agreement (hereinafter “the instant special agreement”) provide for the remainder payment as follows.

Section 9. Of the total purchase amount, the remainder after paying the down payment of KRW 400 million shall be KRW 2.255 million (including the current loan KRW 950 million) and shall be paid as follows.

(1) After the registration for the preservation of a gas station building, the buyer wants to obtain KRW 1.7 billion with the above sale real estate, (additional loans are not related to the seller and co-operation only). (2) When the loan is possible, the following will proceed as follows:

(C) If the buyer desires to do so at the time of the non-payment of KRW 1.7 billion, the seller shall, without penalty for both parties, terminate this contract by returning to the buyer the amount of KRW 400 million received as the down payment within 10 days from the date of being notified by the lending bank of the non-payment of the loan.

(4) On five days after the date of the contract, the seller shall be notified to the buyer and the buyer may re-sale to a third party, and the buyer shall not be held fully liable to the seller, and the seller shall terminate this contract by returning 400 million won to the buyer who received the down payment without penalty.

C. On March 23, 2018, the Plaintiff and the Defendant concluded a written agreement (hereinafter “instant first agreement”) with the following content.

The agreement refers to the seller and the defendant E, and the buyer, the plaintiff, the F, and G.

유사 판례

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-인천지방법원 2019.04.30 2018가합52548

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