beta
Text
1. The Defendant’s KRW 13,810,00 for the Plaintiff and 5% per annum from May 29, 2017 to January 12, 2018.
Reasons
1. Basic facts
A. On April 22, 2017, the Plaintiff entered into a sales contract with the Defendant’s mother C who represented by the Defendant, stating that the Plaintiff’s apartment (hereinafter “instant apartment”) was sold at KRW 508,000,00 in the purchase price, and KRW 1.7 million out of the down payment of KRW 51,700,000 on the date of the contract, and KRW 50,000 shall be paid on the date of the contract, and the remainder shall be paid by April 28, 2017 (hereinafter “instant sales contract”).
B. Article 7 of the sales contract of this case provides that where a seller or a purchaser fails to fulfill the contractual terms, he/she may claim damages arising from the cancellation of the contract and claim the down payment based on the compensation for damages.
C. On April 27, 2017, the Defendant expressed his/her intent to cancel the instant sales contract to the Plaintiff, and the Plaintiff notified the Plaintiff that the contract will be rescinded in the event that the Defendant did not pay the remainder of the down payment by May 28, 2017, while sending a content-certified mail demanding performance four times that the Defendant would not pay the remainder of the down payment.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 and 2 (including paper numbers), the purport of the whole pleadings
2. Determination as to the cause of claim
A. According to the fact of recognition as above, the instant sales contract was lawfully rescinded on May 28, 2017 by the Plaintiff’s declaration of intent to rescind the contract due to the Defendant’s outstanding down payment. Thus, barring any special circumstance, the Defendant is liable to pay a penalty to the Plaintiff in accordance with the agreement for penalty under Article 7 of the instant sales contract.
B. The agreement on penalty within the scope of liability for damages is presumed to be liquidated damages (Article 398(4) of the Civil Act), and where the estimated amount of compensation for damages is unreasonably excessive, the court may reduce it ex officio without the parties’ assertion (Article 398(2) of the Civil Act).