(영문) 서울중앙지방법원 2016.05.12 2015가합571689

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(영문) 서울중앙지방법원 2016.05.12 2015가합571689

약정금

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1. The plaintiff's claim is dismissed.

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

Reasons

1. On February 18, 2013, the Plaintiff purchased Gangseo-gu Seoul Metropolitan Government C Building (hereinafter “instant building”) from the Defendant with the following content:

(hereinafter referred to as “instant contract”). - Sales price: KRW 3,490,000 - Contract payment date: down payment: KRW 349,00,000 (10,000 on the day of the contract, KRW 90,000 on the day of February 21, 2013, KRW 249,000 on the day of the contract, and KRW 5,000,000 on the day of February 28, 2013, and KRW 2,641,00,000 on October 31, 2013, may be notified in writing to the person who failed to perform the contractual obligations and may 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.

The Plaintiff’s KRW 10,00,000 on the date of the contract, and KRW 90,000,000 on February 21, 2013; and

3. The down payment of KRW 349,00,000 was paid in full by paying the down payment of KRW 249,000.

The Defendant, upon receiving a request from the Plaintiff to postpone the payment date of intermediate payments in order to raise funds, and on October 31, 2013, agreed with the Plaintiff that “the payment date of intermediate payments shall be extended from October 31, 2013 to November 15, 2013,” and that “if the Plaintiff does not pay intermediate payments to the Defendant by November 15, 2013, it shall be deemed contractual nonperformance and the down payment shall be confiscated by the Defendant, and the Defendant may claim damages against the Plaintiff due to the nonperformance of the contract.”

However, the Plaintiff did not pay the intermediate payment to the Defendant by November 15, 2013, and on November 25, 2013, the Defendant declared to the Plaintiff that “the rescission of the instant contract shall be notified due to the default of payment by content-certified mail.”

On December 2013, the Plaintiff paid KRW 5,000,000 to the Defendant as part payments.

On May 1, 2014, the Plaintiff is the Defendant.

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