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(영문) 서울서부지방법원 2015.01.14 2014가단4715
위약금 등
Text

1. As to the Plaintiff KRW 19,659,504 and KRW 18,877,684 among them, the Defendant shall be from May 11, 2013, and KRW 781,820.

Reasons

1. Facts of recognition;

A. On August 25, 2009, the Plaintiff, on the part of Kimpo-si and 55, sold to the Defendant the instant apartment at KRW 436,100,000 of the parcelling-out price (hereinafter “sales contract”) the apartment at KRW 436,100,00 on the same day, and entered into a contract to expand balcony and options construction contract with the Defendant at KRW 10,000 on the same day.

(hereinafter “observer Construction Contract”). The sales contract contains the content that if the sales contract is cancelled due to the Defendant’s failure to pay the balance of the sales price within three months from the agreed date, 10% of the supply price belongs to the Plaintiff as penalty for breach of contract.

(Article 3(1) of the option construction contract also includes the fact that 10% of the total option price shall be reverted to the Plaintiff as penalty when the contract is terminated due to the Defendant’s reasons after paying the down payment.

(Article IV(1)(b).

On May 10, 2013, the above sales contract and options construction contract were cancelled on the grounds that the defendant's sales price and the balance payment of options construction price were delayed.

C. The Plaintiff paid 36,301,594 won (i.e., the intermediate payment of the sales price to be paid by the Defendant in relation to the above sales contract (i.e., the Korea Bank 31,745,654 won), respectively, from November 2, 2009 to April 2013, 2013, management expenses of KRW 781,820, respectively.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1-10, the purport of the whole pleadings

2. Determination

A. According to the facts of the determination as to the cause of the claim, unless there are special circumstances, the Defendant paid the Plaintiff a penalty of KRW 43,610,00,00 for the sale contract, KRW 1,000 for the options construction contract, KRW 36,301,594 for the intermediate payment interest, KRW 781,820 for the installment payment, KRW 820 for the total amount of KRW 81,693,414 for the management expenses (=43,610,000 for KRW 36,30,000 for the total of KRW 36,301,594, KRW 781,820 for the amount of KRW 24,80,00 for the sales contract, KRW 21,80,000 for the options construction contract, KRW 3,00 for the options construction expenses paid by the Defendant, and KRW 83,14,184,200 for the delay payment amount (=).

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