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(영문) 서울남부지방법원 2018.10.05 2017가합106252
약정금
Text

1. The Defendant: (a) KRW 710,00,000 for the Plaintiff and KRW 5% per annum from May 26, 2017 to July 20, 2017.

Reasons

1. Facts of recognition;

A. On September 26, 2016, the Plaintiff entered into a real estate sales contract with the Defendant on the land and its ground buildings Seongdong-gu Seoul Metropolitan Government (hereinafter collectively referred to as “instant real estate”) with the purchase price of KRW 7,100,000,000, and the down payment of KRW 710,000 shall be paid on the date of the contract, and the remainder of KRW 6,390,000 shall be paid on the date of the contract, and the remainder of KRW 6,390,000 shall be paid on May 1, 2017 (hereinafter “instant sales contract”). The Plaintiff paid the down payment of KRW 710,00,000 (hereinafter “instant down payment”).

B. However, since the instant sales contract aggravated financial standing and it is anticipated that it would be difficult for the Plaintiff to pay the balance, there was a problem in paying the balance to the Defendant around April 27, 2017, and the Plaintiff sought consent to changing the purchaser to the Plaintiff’s partner, and the Defendant accepted the request.

C. After April 30, 2017, the Plaintiff and the Defendant, around April 30, 2017, sought to postpone the payment of the remainder and to compensate for the Defendant’s damage caused by the postponement of the payment of the remainder, with respect to the change of the buyer’s replacement at D’s office, which was the Defendant’s broker for the instant sales contract.

On May 1, 2017, the Plaintiff found F to be a new purchaser of the instant real estate through E, which was one of its intermediaries for the instant sales contract, and notified D of this on the same day, and D also notified the Defendant of this fact, and made a new contract at its office on May 4, 2017.

E. On May 2, 2017, the Plaintiff and F entered into an agreement with D on the following terms and conditions (hereinafter “instant agreement”).

In the event that the parties to the contract of this case are changed to F due to the Plaintiff’s circumstances, the agreement between the Plaintiff and F is set aside separately as follows:

1. On May 1, 2017, the remainder date of the instant real estate.

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