(영문) 서울서부지방법원 2019.07.11 2018가단218659

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(영문) 서울서부지방법원 2019.07.11 2018가단218659

계약금 등

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1. The defendant's KRW 15,00,000 for each of the plaintiffs and 5% per annum from June 20, 2018 to July 11, 2019, respectively.

Reasons

1. Facts of recognition;

A. On March 29, 2018, the Plaintiffs, the husband and wife of the instant sales contract, concluded a contract with the Defendant to purchase the purchase price of KRW 4,30,000,00 from the Defendant for multi-household D No. 2 E of Mapo-gu, Seoul, a multi-household household owned by the Defendant for KRW 39.45 square meters.

(B) A real estate sales contract; hereinafter “instant contract”). The terms and conditions of the contract are as follows:

The purchase price: Article 6 of the balance of KRW 430 million (the sum of KRW 30 million paid at the time of the contract and the deposit of KRW 142 million received at the time of the contract shall be paid in March 30, 2018 by the buyer for the intermediate payment of KRW 13 million that the buyer succeeded at the time of the contract, and the balance of KRW 245 million shall be paid in June 4, 2018): In default and damages if the seller or buyer fails to perform the terms and conditions of this contract, the other party may notify in writing the person who has failed to perform the contract and rescind the contract.

In addition, the parties to a contract may respectively file a claim for damages due to the cancellation of contract with the other party, and the contract deposit shall be deemed as the basis for compensation for damages, unless otherwise agreed on the damages. (On the other hand, there are two different sales contracts with respect to this case: (a) a sales contract; (b) a sales contract with the purchase price of KRW 3775 million as of March 28, 2018; and (c) a sales contract with the purchase price of KRW 430 million as of March 29, 2018; and (d) a sales contract with the purchase price of KRW 430 million as of March 29, 2018; (c) a real estate registry has registered the sale price of KRW 430 million as of the real purchase price as of KRW 430 million; and (d) the actual sales price is KRW 430 million as of both the two parties to the contract. Nevertheless, the Plaintiffs submitted a claim based on the facts and evidence of KRW 10,000,00.

B. The Plaintiffs’ delay in the payment of part payments

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