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(영문) 의정부지방법원 2015.12.15 2014가단116264
위약금
Text

1. The Defendant: (a) KRW 100 million to the Plaintiff; and (b) KRW 20% per annum from October 2, 2014 to September 30, 2015 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The real estate listed in paragraph 1 of the attached list is the real estate that the plaintiff, C (spouse, relationship with the plaintiff; hereinafter the same shall apply in this paragraph), D (Taking place), E (ASEAN), and F (ASEAN) share of 19/95; the real estate listed in Paragraph 2 of the attached list is the real estate that the plaintiff owns in the attached list of paragraph 1 of the attached list at 19/95; the real estate listed in paragraph 3 of the attached list is the real estate that the plaintiff owns in the attached list of paragraph 2 of the attached list at 17/19 and H (child) at 2/19 shares; the real estate listed in paragraph 4 of the attached list is the real estate that G (child) at 1/2, C (spouse), E (child); and F (ASEAN) at 1/6 shares.

B. On July 3, 2014, the Plaintiff concluded a contract (hereinafter “instant contract”) with the Defendant to sell each of the said real estate at the price of KRW 6.288 billion (the contract amount of KRW 100 million on the date of the contract, the intermediate payment of KRW 400 million on the date of the contract, and the balance of KRW 5.78 billion on July 18, 2014, and each payment of KRW 5.78 billion on October 31, 2014). Article 6 of the contract provides that “If the seller or purchaser fails to perform the said contract, the other party shall be notified in writing and the contract may be rescinded. In addition, the contractual party may claim damages from the other party in accordance with the termination of the contract, and the contract shall be based on the contract deposit, unless otherwise agreed.”

C. At the time of entering into the instant contract, the Defendant paid 100 million won of the down payment to the Plaintiff on July 4, 2014, the following day following the conclusion of the banking business hours at the time of entering into the instant contract, but did not pay the said amount. The Defendant did not pay the intermediate payment KRW 400 million even after the lapse of July 18, 2014, the intermediate payment payment date

Accordingly, on August 6, 2014, the Plaintiff urged I, the representative of the Defendant, to pay KRW 500 million, including down payment of KRW 100 million and intermediate payment of KRW 400 million. In addition, if the Plaintiff fails to pay it by August 13, 2014, the Plaintiff sent a certificate of content that the instant contract will be rescinded without any separate notification procedure. The said certificate reached the said I around August 7, 2014.

E. The defendant is above.

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