(영문) 수원지방법원안양지원 2019.10.18 2018가합461

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(영문) 수원지방법원안양지원 2019.10.18 2018가합461

해약금

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1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1.Article 1 (Sales Price and Time of Payment) (1) Seller and Buyer enter into an agreement between the seller and the buyer as follows:

The purchase price of KRW 11,00,000,000 shall be paid and received at the time of the contract.The remaining amount of KRW 9,900,000,000 shall be paid on July 11, 2018.

When a buyer has delivered money or goods to a seller under the pretext of a down payment or a deposit at the time of the contract, unless otherwise agreed, the seller shall reimburse the sum of the down payment (in the absence of an intermediate payment agreement, the buyer may waive the down payment and rescind it, until he pays the remainder.

Article 7 (Non-performance of Obligations and Compensation for Damages) If a seller or buyer has defaulted on the terms and conditions of this Agreement, the other party may notify in writing the person who has defaulted on the contract and cancel the contract.

In addition, the parties to the contract may claim damages for the cancellation of the contract respectively to the other party, and the contract deposit shall be considered as the basis for damages, unless otherwise agreed.

§ 8.(Mediation Remuneration) No practicing licensed real estate agent shall be liable for the default of this contract by the seller or the buyer.

In addition, the brokerage remuneration shall be paid by both parties at the time of the conclusion of this contract, and without the intention or negligence of the practicing licensed real estate agent, the brokerage remuneration shall be paid even if this contract is invalidated and cancelled.

In the case of a joint brokerage, the seller and the buyer shall pay the brokerage remuneration to the practicing licensed real estate agent who has requested such brokerage.

Matters of special agreement

3.The down payment shall be deposited into the designated account in consultation for sale and purchase.

50 million out of the down payment shall be deposited into D in the Bank of Gold day, and

5.11.The difference is 600 million. It is determined to establish an external pledge after opening an account of a seller.

The portion of profit, such as interest, accrued after deposit, shall be the profit of the seller until the balance is settled later.

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