(영문) 대구지방법원 2017.12.21 2017가단23865

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(영문) 대구지방법원 2017.12.21 2017가단23865

계약금 반환

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1. The Defendant’s KRW 15,00,000 as well as 5% per annum from August 1, 2017 to December 21, 2017 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On June 6, 2017, the Plaintiff entered into a contract with the Defendant to purchase the attached real estate (hereinafter referred to as the instant real estate) at KRW 298 million (5 million in the contract amount, intermediate payment, KRW 50 million in the intermediate payment, and KRW 243 million in the remainder) and paid the down payment to the Defendant on the date of the contract.

In addition, on June 7, 2017, the Plaintiff additionally remitted 5 million won as part of the purchase price to the Defendant.

B. At the time of the above sales contract, the Plaintiff and the Defendant: (a) before the buyer pays the intermediate payment to the seller, the seller repaid the down payment; and (b) made the buyer waive the down payment and rescind the contract.

In addition, if the parties fail to fulfill the terms of the contract, the down payment was considered as the basis of damages unless there is a separate agreement on damages.

C. However, the Defendant refused to execute the contract on the grounds that the purchase price was lower than the market price after the contract, which led to the failure of the contract.

[Ground] Facts without dispute, entry of Gap 1-4 evidence, purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts, since the Defendant’s failure to execute the contract between the Plaintiff and the Defendant reached a failure, the Defendant is obligated to return the purchase price of KRW 10 million (the total sum of KRW 5 million paid on the day of the contract, and KRW 5 million paid as part of the purchase price on June 7, 2017 following the following day) and to pay damages of KRW 5 million equivalent to the down payment due to the nonperformance of the contract.

B. Meanwhile, the Plaintiff asserts to the effect that, after the preparation of a sales contract, the amount of the down payment should be increased to KRW 10 million,00,000,000,000 should be additionally paid, the damages amount should be KRW 10,000.

The agreement between the plaintiff and the defendant to increase the down payment to KRW 10 million after preparing a sales contract.

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