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(영문) 서울중앙지방법원 2021.02.10 2020가합532909
약정금
Text

Defendant C and D shall jointly and severally pay to the Plaintiff KRW 280,000,000 and the interest rate thereon from May 12, 2020 to the day of full payment.

Reasons

1. Basic facts

A. On November 12, 2018, the Plaintiff, the representative director of Defendant B (hereinafter “Defendant Company”), entered into a sale right sales contract with the following content that the sales price of KRW 150 million is KRW 50 million, among the air conditioners of the F Logistics Center, which will be completed on the ground E on the ground of Yongsan-si District, with the Defendant C (hereinafter “instant air conditioners”), and paid KRW 200 million on the same day to the Defendant C.

3. Sales proceeds: 500 million won: 200 million won has been paid in November 12, 2018. Any balance: 300 million won shall be paid within six months after the seller commenced the air conditioners warehouse of this case.

Matters of special agreement

1. Where the commencement of construction works is delayed or non-existent due to the circumstances of the seller, the seller (the representative of a legal entity and the representative of a legal entity) shall refer to compensation under the agreement made by each purchaser;

The amount of compensation shall be two times the amount paid by the purchaser of the sales contract, and when the purchaser renounces the sale due to the purchaser's circumstances after the commencement, the purchaser shall waive the total amount paid by the seller.

B. On November 12, 2018, the Plaintiff and Defendant C agreed on the following terms with respect to the instant contract, and Defendant D jointly and severally guaranteed the obligation of Defendant C under the said agreement:

3. The terms and conditions of the direction under the contract (A) that Defendant C had not commenced before January 12, 2019, may terminate this contract at will and request the return of the down payment to the Plaintiff, and the Defendant C shall comply with the terms and conditions and immediately pay the down payment.

Provided, That the plaintiff shall be understood only once by two months ( March 12, 2019) when the commencement of construction is postponed due to the inevitable circumstances of defendant C.

(Ba)

C. It was understood that the warehouse of this case did not begin until January 12, 2019, and the Plaintiff extended the deadline for commencement by March 12, 2019.

Accordingly, Defendant C is the defendant.

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