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(영문) 서울중앙지방법원 2019.01.18 2018가단5047659
해약금
Text

1. The Defendant’s KRW 10,000,000 as well as the Plaintiff’s annual rate of 5% from January 15, 2018 to January 18, 2019, and the next day.

Reasons

1. Basic facts

A. On November 2017, the Defendant requested the Gangnam-gu Seoul Metropolitan Government Licensed Real Estate Agent E to sell the instant store D (hereinafter “instant store”) for KRW 500 million, which was owned by the Defendant. On January 5, 2018, the Plaintiff expressed his/her intent to introduce the instant store from E and purchase KRW 450 million.

B. On January 5, 2018, E notified the Defendant of the foregoing circumstances, and received the Defendant’s deposit account number from the Defendant in writing, and sent the Defendant a text messages stating that “The instant store is traded at KRW 450 million, KRW 10 million, KRW 30 million, and KRW 30 million on the day of the month,” and the Plaintiff sent the Defendant the same day to the Defendant in the name of the mother-friendly F, and the Plaintiff prepared a contract at the Licensed Real Estate Agent’s Office on January 8, 2018.

C. However, on January 8, 2018, the Defendant sent letters to E, without informing E of the amount of KRW 30 million, to the other place of contract, and did not appear at the contract site. On January 10, 2018, the Defendant sent letters to E, stating that “When sending KRW 20 million to E, it may not enter into any consultation after the date on which it requested the buyer to confirm whether it could not take place since it would have received KRW 10 million or brokerage commission.”

On January 11, 2018, the Plaintiff sent the content-certified mail that the Defendant should compensate for the sum of KRW 45 million equivalent to a double of the down payment and KRW 10 million received by the Defendant in order to terminate the Defendant’s contract upon urging the Defendant to implement the real estate sales contract. On January 15, 2018, the Plaintiff deposited KRW 35 million by stating that the Defendant’s Defendant and the Defendant’s “the fact of the cause of deposit” under the Incheon District Court’s District Court No. 391 on January 15, 2018, stating that “the Defendant would refuse to receive the remainder down payment of KRW 35 million.”

E. Meanwhile, the Defendant entered into a sales contract with G on January 10, 2018, setting the price of KRW 480 million with respect to the instant store, and entered into the instant sales contract.

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