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(영문) 서울고등법원 2019.04.12 2018나2055341
양수금
Text

1. Plaintiff 1 among the parts against the Defendants in the judgment of the court of first instance, falls under the following amount ordered to be paid.

Reasons

1. The reasoning of the judgment of the court of first instance, which cited the case, is that the part of the reasoning of the judgment of the court of first instance is stated in the reasoning of the judgment of the court of first instance, except when the part of the judgment of the court of first instance is dismissed or added as follows, and thus, it shall be cited in accordance with the main sentence of

The 19th parallel 4 to 15th parallels are as follows:

“(2) As to this, the Plaintiff asserts to the effect that there is no legal interest on the amount equivalent to the down payment, as part of the penalty, for which the contract for each of the instant supply contracts was rescinded and paid due to the Defendants’ cause attributable to the Plaintiff. In the event that the sales contract is rescinded due to the buyer’s cause attributable to the buyer and part of the purchase price is confiscated as penalty, the seller does not have the obligation to return the penalty to the buyer, and thus, the seller does not have the obligation to pay the amount equivalent to the interest on the penalty (see, e.g., Supreme Court Decision 2015Da207679, Dec. 10, 2015). Each of the instant sales contracts of this case (in the case of officetels type, Article 9 and apartment type, Article 3), each of the instant sales contracts of this case (see, e.g., Paragraph (1)), and in such case, U.S. refund 10% of the total supply amount to the buyer (as seen earlier).

In a comprehensive interpretation of the above two provisions, there is no expression “undertake” or “U” that it directly belongs to the State.

Even if the contract cancellation due to the reasons attributable to the Defendants, U shall only refund the remainder after deducting the amount equivalent to the penalty from the amount paid in return to the buyer. Therefore, in light of the above legal principles, U U has already paid the down payment and the intermediate payment to be returned.

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