(영문) 부산지방법원 2014.05.01 2013가합10799

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(영문) 부산지방법원 2014.05.01 2013가합10799

계약금배액 청구

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. (1) On March 9, 2013, the Plaintiff entered into a sales contract with the Defendant to purchase each of the real estate listed in the separate sheet (hereinafter “instant real estate”) owned by the Defendant (hereinafter “instant real estate”) with a total of KRW 60 million (payment on the day of the contract) and KRW 570 million (payment on March 29, 2013), including the remainder of KRW 510 million (payment on March 29, 2013). At the time, where the Plaintiff obtains a loan from a financial institution for the payment of the remainder, the Defendant offered the instant real estate as security (paragraph (7) of the special agreement), and the remainder payment date may be postponed until April 8, 2013.

(Paragraph 8) of the special agreement was agreed.

(2) On the other hand, Article 5 of the sales contract of this case provides that the defendant shall pay a double amount of the down payment to the defendant before the plaintiff pays the remainder, the plaintiff may waive the down payment and rescind the sales contract of this case. Article 6 provides that where the plaintiff or the defendant fails to fulfill the terms of the sales contract of this case, the other party may notify in writing the person who has failed to perform the contract of this case, and the other party may claim damages arising from the cancellation of the contract to the other party, and the contract party shall be

B. (1) On March 9, 2013, the Plaintiff paid a down payment of KRW 60 million to the Defendant in accordance with the instant sales contract, and thereafter, upon the Plaintiff’s request, the Defendant delayed the remainder payment date of the instant sales contract from March 29, 2013 to April 8, 2013, and again delayed as of April 18, 2013.

(2) On April 12, 2013, the Plaintiff and the Defendant promised to meet the Plaintiff’s obligation to provide the remainder loans, but did not meet each other. The Plaintiff did not receive any remainder of the loan from the Plaintiff’s Kim Jong-yang money cooperative on the same day.

C. (1) The Plaintiff notified the Defendant of the rescission of the instant sales contract (i) by means of content-certified mail on April 16, 2013.

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