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(영문) 광주지방법원 2014.06.03 2013가단27096
위약금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 25,00,000 to the Plaintiff (Counterclaim Defendant) and the Plaintiff’s counterclaim from May 14, 2013 to June 3, 2014.

Reasons

1. Basic facts

A. A. Around August 2012, the Defendant contracted the remodeling construction work for the land C and the 4th floor building on the ground (hereinafter “instant real estate”) owned by the Defendant to Taelim Co., Ltd. for KRW 200 million for the construction cost.

B. On October 9, 2012, the Defendant concluded a sales contract between the Plaintiff and the Plaintiff to sell the instant building in KRW 735,000,000, and concluded a sales contract to sell the instant building in KRW 25,000,000, the Defendant paid the remainder of KRW 710,000 on the date of the contract, and paid the remainder of KRW 710,000,000 on November 30, 2012, and completed the remodeling construction until the remainder is paid.

(hereinafter referred to as “instant sales contract”) C.

When the remodeling construction of the instant building was delayed due to typhoons, etc., the Defendant agreed to extend the remainder payment date between the Plaintiff and the Plaintiff on November 14, 2012 and conclude remodeling construction by January 20, 2013.

When the remodeling work of the building of this case was delayed due to the drilling, etc., the Defendant, the Plaintiff, and the Taelim Corporation agreed to not file a claim for penalty with the Plaintiff even if the said remodeling work was not completed until January 20, 2013, and the Taelim Corporation completed remodeling work at an early date so that the said sales contract can be smoothly carried out, and the defective parts of the construction work for the winter Steel Corporation shall be responsible for and constructed with the Plaintiff, the buyer.

E. Because of the wintering drilling, etc., Taelim Co., Ltd. failed to complete remodeling construction of the instant building until January 20, 2013, and from the beginning of March 2013, it suspended remodeling construction on the ground that the Defendant’s delay in the payment of construction cost, etc.

F. The Defendant unilaterally demanded the Plaintiff to pay the balance of the purchase price without finishing the remodeling construction of the instant real estate. Accordingly, on May 6, 2013, the Plaintiff delayed remodeling construction against the Defendant.

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