(영문) 부산지방법원 2019.09.06 2019나43986

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(영문) 부산지방법원 2019.09.06 2019나43986

약정금

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1. The plaintiffs' appeal is dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. The Plaintiffs and the Defendant concluded a sales contract with the purchase price of KRW 1.1 billion for the land owned by the Plaintiffs (hereinafter “instant sales contract”).

B. On November 14, 2017, the Plaintiffs and the Defendant drafted a written confirmation regarding the instant sales contract (hereinafter “instant written confirmation”) as follows.

The plaintiffs of the defendant and the owner D in Busan-gu D are confirmed to be null and void a contract when the payment should not be made by the end of December 2017, 2017 in the amount of KRW 100,000,000,000,000, out of the total purchase price of KRW 1.1 billion entered into between the defendant and the owner of D in Busan-gu.

Provided, That it may be extended one to two months in consultation, and it may pay 5% interest per annum at the time of extension.

(5 million won per month). (c)

The defendant did not pay the down payment by December 31, 2017, which is the down payment date stated in the instant confirmation document.

[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 to 6, the purport of the whole pleadings

2. In the confirmation letter of the plaintiffs' assertion that the payment of 5% interest per annum (5 million won per month) at the time of extension of the payment of down payment was extended.

If a contract is rescinded, it provides for a penalty in order to compensate the plaintiffs for the expected damages.

The Defendant failed to pay the down payment until December 31, 2017, and the Plaintiffs extended the payment again at the request of the Defendant on March 2018 and extended the payment again for two months at the request of the Defendant, but the instant sales contract was revoked due to the Defendant’s unilateral reason.

Thus, the defendant is liable to pay the plaintiffs a penalty of KRW 20 million (=5 million per month x 4 months) and damages for delay corresponding to the period for which the payment of down payment is extended as prescribed in the letter of confirmation of this case.

3. We examine the judgment, and the text and text stated in the letter of confirmation of this case.

유사 판례

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-부산지방법원 2017.11.08 2016가합51562

-부산지방법원 2014.11.26 2014고단7840