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(영문) 대전지방법원홍성지원 2014.03.26 2013가단9161
위약금
Text

1. The defendant shall pay 80,000,000 won to the plaintiff and 20% per annum from September 18, 2013 to the day of complete payment.

Reasons

1. Basic facts

A. On July 15, 2013, the Plaintiff prepared a sales contract with the Defendant to purchase each real estate listed in the separate sheet (hereinafter “instant real estate”) at KRW 155 million (payment of KRW 40 million on the contract date, the remainder KRW 115 million on August 28, 2013).

B. However, after the formation of the contract as above, the Plaintiff demanded a reduction of the purchase price and finally made an agreement between the Defendant that only KRW 110 million be paid at the time of the payment of the balance, which was agreed upon by the Plaintiff. Accordingly, C, which arranged the said transaction, added the phrase “the payment rate of KRW 5 million at the remaining time after deducting the amount from the total purchase price.”

C. Meanwhile, the Defendant requested the Plaintiff to prepare a package contract, but did not reach an agreement thereon. As such, after the agreement on the purchase price was reached, the Defendant agreed to register the transfer of ownership with the purchase price of KRW 75 million, and the above C stated again the phrase “the registration to be made with the remaining amount of KRW 74 million” in the said sales contract.

After the completion of the construction of a sales contract as above, the Plaintiff paid the Defendant the down payment of KRW 40 million, and prepared for the remainder KRW 110 million on August 28, 2013, which is the remainder payment date, and met with the Defendant. However, the Plaintiff asserted that the remainder should be KRW 15 million if the Defendant does not prepare the down payment contract, but did not implement the procedure for the registration of ownership transfer, and on the same day, notified the Defendant of the cancellation of the said sales contract.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4 (including branch numbers for those with branch numbers), Eul's testimony, the purport of whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted by the parties, even though he provided the Defendant with the obligation to pay the remainder on the date of the remainder payment, on the instant real estate.

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