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(영문) 광주고등법원 2020.08.19 2019나21766
계약금 반환
Text

1. All appeals filed by the plaintiff (Counterclaim defendant) and the selective or preliminary claims filed by this court are dismissed.

2.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Defendant Company is a company established for the purpose of the sales agency business of housing and commercial buildings, and is a company that vicariously performed the business of open bidding and sales contract of sales right for residential apartment buildings in the “H complex” located in the “H complex” located in the Gwangju North-gu G Center (hereinafter “instant commercial buildings”). Defendant F is the representative of the Defendant Company, Defendant C and D are the persons who sell the sales right of the instant commercial buildings, and the Plaintiff is the persons who purchased the said sales right.

B. On September 23, 2017, the Defendant Company held a public tender on the instant commercial building in the H Model Hax located in Nam-gu, Nam-gu, Gwangju (hereinafter “instant public tender”).

H Article 1 (Methods for Payment of Sale Price) (1) of the Sales Contract (Evidence A No. 4-2) of the Commercial Facility Sale Right in the H Industrial Complex, "B" shall pay the amount to the bank's account designated in this Section through "A" (seller) within the due date for payment as follows. (2) The bank's account designated in this paragraph shall be deposited in its own name, and "A" shall not be obligated to notify each payment date separately.

On November 31, 2018, when concluding a contract on three occasions (10%) more than two occasions (15%) (10%) in the intermediate payment (10%) (15%) (15%) (15%), the remainder shall be paid by the expiration date of the period of designation of the occupant on April 20, 2018, on April 20, 2018.

Article 2(1)(1) The additional interest rate for each overdue period determined by the highest bank (based on the previous year on the date of the sales contract for the right to sell household funds) and the highest bank (based on the previous year on the sales contract for the right to sell household funds) issued by the Bank of Korea at the time of the first sales contract for the right to sell household funds for the number of overdue days when the agreed payment date has elapsed due to the delay in the payment of intermediate payments and the remainder: Provided, That in case of arrears for less than one month, the statutory interest rate of 5% under the Civil Act or the household funds loan market

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