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(영문) 수원지방법원 2016.08.24 2015가단132795
계약금반환 등
Text

1. The Defendant’s KRW 60,000,000 to the Plaintiffs, as well as 20% per annum from September 19, 2015 to September 30, 2015, respectively.

Reasons

1. Facts of recognition;

A. On June 20, 2015, upon D’s introduction, the Plaintiffs and the Defendant concluded a sales contract stating that the purchase price for each land E and F owned by the Defendant (hereinafter “each of the instant land”) shall be KRW 313 million, and the down payment of KRW 30 million shall be KRW 10 million on the contract date, the intermediate payment of KRW 10 million on July 15, 2015, and the remainder payment of KRW 183 million on July 28, 2015 (hereinafter “instant sales contract”).

B. On June 20, 2015, Plaintiff B transferred the down payment of KRW 30 million to the Defendant on behalf of the Plaintiffs.

C. According to Article 8 of the sales contract of this case, “The seller shall compensate for a double amount of the down payment at the time of the termination of the contract, and the buyer shall not become void at the time of the termination of the contract and may not claim the return of the down payment.”

On July 15, 2015, the Plaintiffs and the Defendant agreed to pay the intermediate payment of KRW 100 million as the balance on the payment date of the balance.

E. On July 28, 2015, the Plaintiffs paid both intermediate payments and remainder to the Defendant. However, the Defendant refused to receive intermediate payments and remainder through husband G and D and expressed his/her intent to cancel the instant sales contract.

F. On July 29, 2015, the Defendant expressed his/her intent to pay the cancellation fee of KRW 60 million by telephone to the Plaintiff A.

G. On July 30, 2015, the Plaintiffs sent content-certified mail to the Defendant, stating that “Inasmuch as the instant sales contract was terminated as the Plaintiffs intended to pay the intermediate payment and the remainder on the remaining-end date, but the Defendant unilaterally refused to receive the intermediate payment and demanded the termination of the contract, the Plaintiffs paid the down payment.”

H. On August 3, 2015, the Defendant asked the Plaintiffs to pay the penalty for breach of the instant sales contract on or around the beginning of July 2015, and the third party offered to add KRW 10 million to the purchase price of each of the instant land. In addition, according to D’s adjustment, the Defendant promised to pay the Plaintiffs KRW 10 million more than the purchase price.

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