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(영문) 서울남부지방법원 2017.01.19 2016가합108770
약정금
Text

1. The Defendants: (a) KRW 5,075,342, respectively, and KRW 5% per annum from November 25, 2016 to January 19, 2017, respectively, to the Plaintiff.

Reasons

1. Basic facts

A. On October 12, 2015, the Defendants, who entered into a real estate sales contract, concluded a contract under which the Plaintiff sells the instant commercial building to the co-owner of Yeongdeungpo-gu Seoul Metropolitan Government, E, 524 square meters and its ground buildings (hereinafter collectively referred to as “instant commercial building”); and on October 2, 2015, the Defendants entered into a sales contract with the following terms (hereinafter referred to as “instant contract”) to sell the instant commercial building to the Plaintiff at KRW 4.62 billion (on the date of the contract, KRW 10 million; KRW 100 million on October 27, 2015; KRW 100 million on the date of the first intermediate payment; KRW 90 million on November 26, 2015; KRW 3.52 billion on the remainder on December 28, 2015).

(1) The Plaintiff and the Defendants agreed on the sales price of the instant commercial building at KRW 4.8 billion, and the seller at the Plaintiff’s request, Article 2 (Transfer, etc. of Ownership), upon receipt of the balance of the sales price, shall deliver all documents necessary for the registration of ownership transfer, and cooperate with the buyer in the registration procedure, and the delivery date of the said real estate shall be December 28, 2015. If a seller or buyer fails to perform the terms and conditions of this contract, the other party may give written notice and rescind the contract against the defaulted person. In addition, the parties to the contract may claim against the other party for damages arising from the cancellation of the contract, and the down payment shall be deemed as the basis for compensation for damages, unless otherwise agreed.

3. The seller is responsible for, and attempted to order, the first floor household appliances (hereinafter “the instant marina”).

Accordingly, the defendants paid 4.62 billion won to reduce the amount.

B) Of the purchase price, the Plaintiff paid the Defendants a down payment of KRW 100 million on the date of the said contract, KRW 100 million on October 27, 2015, KRW 100 million on the first intermediate payment, and KRW 900 million on November 27, 2015, respectively. (c) The Defendants were to refuse to pay the remainder and rescind a contract.

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