(영문) 서울남부지방법원 2021.01.14 2020가단273216

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Reasons

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(영문) 서울남부지방법원 2021.01.14 2020가단273216

손해배상(기)

Text

The defendant's KRW 40 million to the plaintiff is 5% per annum from October 27, 2020 to January 14, 2021.

Reasons

1. Facts of recognition;

A. On July 27, 2020, the Plaintiff entered into a sales contract with the Defendant for the following terms with respect to the Guro-gu Seoul Metropolitan Government Non-D Single Housing (hereinafter “instant building”).

Sales proceeds: KRW 970 million shall be paid at the time of the contract and the current rental deposit of KRW 30 million shall be paid at the time of the contract and the current rental deposit of KRW 30 million shall be paid on August 31, 2020 in the balance that the buyer succeeded to.

Article 5 (Cancellation of Contract) Before the buyer pays the intermediate payment to the seller (if there is no intermediate payment, the remainder), the seller shall reimburse the sum of the down payment, and the buyer may waive the down payment and rescind this contract.

Article 6 (Non-performance of Obligations and Estimated Compensation for Damages) If a seller or buyer fails to perform any of the terms and conditions of this Agreement, the other party may give written notice to the person who has failed to perform his/her obligations and cancel the contract.

In addition, the parties to the contract may claim damages for the cancellation of the contract respectively to the other party, and the contract deposit shall be considered as the basis for damages, unless otherwise agreed.

[Matters of Special Agreement]

4. Any balance may be adjusted by agreement of the seller and the buyer.

B. Under the instant contract, the Plaintiff paid the Defendant the down payment of KRW 20 million on the same day.

(c)

On August 31, 2020, the plaintiff and the defendant agreed to prepare the contract of this case only at the office of a certified broker and to prepare a new contract of this case, but they did not reach due to the reasons on the part of the defendant.

(d)

On September 8, 2020, the Defendant sent to the Plaintiff a certificate of content that the instant contract will be rescinded on the grounds that the contract remains unpaid.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 to 3, and evidence Nos. 2 through 5, the purport of the whole pleadings

2. The parties' assertion

A. The defendant is remaining after preparing a new contract for the sale and purchase of the contract of this case with the plaintiff.

유사 판례

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