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(영문) 서울동부지방법원 2016.10.21 2016가합103246
계약금반환 청구
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 50,000,000 to the Defendant (Counterclaim Plaintiff) and against this, from April 1, 2016 to June 28, 2016.

Reasons

The principal lawsuit and counterclaim shall be judged together.

1. Basic facts

A. On December 16, 2015, the Plaintiff entered into a sales contract with the Defendants, with the content that the Defendants shall pay the remainder KRW 4.95 billion to each of the Defendants on February 1, 2016 (hereinafter “instant sales contract”). The Plaintiff purchased the Songpa-gu Seoul land and the five-story buildings thereof (hereinafter “instant real estate”). Of the down payment of KRW 550 million, the remainder of KRW 50 million on the date of the contract, and the remainder of KRW 50 million on the date of December 31, 2015, and the remainder of KRW 4.95 billion on the date of the contract (hereinafter “instant sales contract”).

The Plaintiff paid to the Defendants KRW 50 million on the date of the contract as the down payment, and KRW 200 million on December 31, 2015, respectively, and did not pay the remainder KRW 300 million.

B. On January 15, 2016, the Plaintiff entered into an agreement with the Defendants to postpone the remainder of the down payment amount of KRW 300 million on February 1, 2016, and to postpone the remainder payment on February 29, 2016 (hereinafter “the first modified agreement”) with the Defendants on February 29, 2016 (hereinafter “the first modified agreement”). “The Plaintiff shall reimburse the buyer for the interest in arrears amounting to KRW 23 million due to the buyer’s nonperformance of the contract, and shall pay it on

(3) On February 1, 2016, the Plaintiff paid the remaining down payment amount of KRW 300 million to the Defendants, but only paid KRW 50 million to the Defendants on February 29, 2006, which is the due date for the remainder payment. D. The Plaintiffs agreed to postpone the due date for the remainder payment with the Defendants on March 2, 2016 (hereinafter “the second modified contract”) and agreed to extend the due date for the remainder payment on March 31, 2016 (hereinafter “the second modified contract”) and agreed to extend the due date for two months for the Plaintiff’s failure to perform the due date for the remainder payment, and KRW 50 million as damages. The remainder of KRW 50,000,000,000,000,000 to the Defendants on February 29, 2016 shall be paid on the due date for the remainder payment, and the agreement to waive the contract and the remainder payment on March 31, 2016 shall be deemed null and void.

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