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(영문) 전주지방법원 2016.09.23 2015가합5964
위약금
Text

1. For the plaintiffs:

A. As to Defendant D’s KRW 24,99,99 and KRW 16,666,66 of each of them, Defendant D shall be from July 28, 2015 to June 2016.

Reasons

1. Facts of recognition;

A. On July 28, 2015, Defendant D and the Plaintiffs trade the seller as Defendant D and the purchaser as the Plaintiffs at KRW 1.5 billion (hereinafter “instant site”) with the purchase price fixed at KRW 464.7 square meters (hereinafter “instant site”) at KRW 1.5 billion (hereinafter “instant site sales contract”), the down payment at KRW 50 million, and the intermediate payment at KRW 350 million is paid on the date of the contract, and the intermediate payment at KRW 350 million on August 28, 2015, the instant site sales contract at issue is deemed as “ August 28, 2016,” but this is a clerical error in the “written contract at issue.”

A. A sales contract was drawn up, on June 30, 2016, with the content that the balance of KRW 200 million will be paid, and that the loan amount will be succeeded to KRW 900 million.

B. On July 28, 2015, Defendant E and the Plaintiffs trade the buildings indicated in the separate sheet (hereinafter “instant building”) by designating and selling the seller as Defendant E and buyer as the Plaintiffs, and all the instant building sites and the instant buildings as KRW 1.5 billion (hereinafter “instant building sales contract”). The instant building sales contract and the instant building sales contract collectively referred to as “each of the instant building sales contract”; KRW 100 million shall be paid on the date of the contract; and the intermediate payment of KRW 350 million shall be paid on August 28, 2015; however, the date is “ August 28, 2016.”

A. The remainder of KRW 200,000 is paid on June 30, 2016, and the sales contract was prepared to succeed to the loan of KRW 600,000 and KRW 250,000,000.

Article 5 (Cancellation of Contract) Until the buyer pays the intermediate payment (if there is no intermediate payment, the remainder) to the seller, the seller may reimburse the sum of the down payment, and the buyer may waive the down payment and rescind this contract.

Article 6 (Non-performance of Obligations and Compensation for Damages) Where a seller or a purchaser has defaulted on the terms and conditions of this Agreement, the other party shall be deemed to have defaulted.

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