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(영문) 수원지방법원여주지원 2014.02.13 2012가합1046
약정금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On November 14, 2003, the Plaintiff concluded a sales contract to purchase each real estate listed in the separate sheet (hereinafter “instant land”) from the Defendant for KRW 25.7 billion (hereinafter “the instant sales contract”) to construct a golf course.

Among sales contracts prepared at the time, the contents of this case are as follows:

1. Land of 1,285,770 piece of land, outside C, and 31 parcels of land, the land category of which is the location of the indication number of real estate per annum;

2. The remainder of 13,130,000 won paid on December 30, 2003 (38.91% of the total purchase price) after the intermediate payment of KRW 25,700,000 (10% of the total purchase price) 2,570,000,000 (51.08% of the total purchase price) by the seller of the contract, until April 30, 2004, the remainder of KRW 13,130,000 (51.08% of the total purchase price) was paid on April 30, 200, the seller shall be liable for two times the down payment to the buyer, the remainder of KRW 2,570,000,000, and the seller shall not be liable for the remainder of KRW 10,570,000 on the date of the contract cancellation, and the seller shall not be liable for the remainder of KRW 300,000,200.

B. According to the instant sales contract, the Plaintiff paid KRW 300 million out of the down payment on the day of the contract, and KRW 2.1 billion out of the remainder down payment on November 25, 2003, and around that time, changed the date of the intermediate payment from December 30, 2003 to February 27, 2004.

C. As the Plaintiff did not pay the remainder down payment of KRW 170 million (i.e., KRW 2.57 billion - KRW 300 million - KRW 2.1 billion) and the intermediate payment of KRW 10 billion until the due date of the intermediate payment, the Defendant paid the remainder down payment and the intermediate payment to the Plaintiff on March 15, 2004 by March 22, 2004.

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