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(영문) 부산지방법원서부지원 2020.05.14 2019가단110801
약정금
Text

1. The Defendant’s KRW 50,000,000 and its amount are 5% per annum from September 21, 2019 to March 31, 2020 to the Plaintiff.

Reasons

1. Basic facts

A. On January 9, 2019, the Plaintiff entered into a sales contract with the Defendant, claiming that he/she is the agent of C and D for land E and ground houses (hereinafter referred to as “instant real estate”) in G and D, the Plaintiff paid the down payment of KRW 40 million to the Defendant.

On January 30, 2019, the Plaintiff agreed to cancel the above sales contract with the Defendant, but the intermediate payment of KRW 100 million under the above sales contract was paid to the Defendant, and the Plaintiff agreed to receive a refund of KRW 140 million in total the down payment and intermediate payment from the Defendant until April 30, 2019.

On June 3, 2019, the Plaintiff agreed to receive a proposal to reduce the purchase price from the Defendant to conclude a contract again, and to pay the purchase price as KRW 500 million with respect to the instant real estate and the Defendant who representeded C and D, but paid KRW 140 million with the existing down payment and intermediate payment in lieu of the down payment and intermediate payment.

B. Since then, the Plaintiff and the Defendant agreed to cancel the sales contract for the instant real estate, but the Defendant agreed to return KRW 150 million to the Plaintiff, including interest, in addition to the amount of KRW 10 million paid to the Plaintiff as the purchase price for real estate, as compensation for damages.

(hereinafter referred to as the “instant arrangement”) c.

On September 2, 2019, the Defendant paid KRW 100 million to the Plaintiff as the part payment return.

[Ground of recognition] Facts without dispute, Gap evidence 1 through Gap evidence 4, Gap evidence 5-1, 2, Eul evidence 2, the purport of the whole pleadings

2. Determination:

A. According to the above facts, according to the agreement of this case, the defendant is reasonable to resist the plaintiff about the existence and scope of obligation from September 21, 2019, which is the day following the delivery of a copy of the complaint of this case, to the extent that the plaintiff's claim is reduced from KRW 150 million to KRW 50 million.

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