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(영문) 울산지방법원 2021.01.26 2019가단118219
계약금 등 반환 청구의 소
Text

The defendant shall calculate 45,52,000 won to the plaintiff and 12% per annum from November 9, 2019 to the date of full payment.

Reasons

1. Judgment on the ground of the Plaintiff’s claim

A. The Plaintiff asserted that the sum of the down payment and the penalty is KRW 47,304,00, and sought payment of the said money and the delayed damages therefrom from the Defendant.

B. On July 14, 2016, the Plaintiff concluded a sales contract with the Defendant (hereinafter “instant sales contract”).

Next, water for the next purpose of sale: The 2019,00,000 (Separate Notice of Value-Added Value-Added 17,520,000) deposit for the sale of buildings in March 2019: 23,652,00 won (including value-added tax of KRW 1,752,00) shall be paid interest on loans from the total amount of the sale price paid by the Plaintiff at KRW 153,738,00: (2) Article 7 (Cancellation of Contract) of the sales contract in this case, “Where the occupancy due to the Defendant’s fault exceeds three months from March 3, 2019, the Plaintiff may cancel the sales contract in this case; and (3) the Plaintiff shall pay the penalty for breach of contract to the Plaintiff.”

3) On July 16, 2016, the Plaintiff paid a down payment of KRW 23,652,00 to the Defendant.

4) The instant water for sale was not occupied until March 3, 2019, which was the scheduled date of occupancy specified in the instant sales contract, and the Plaintiff expressed its intention to cancel the instant sales contract on the ground of the delivery of the duplicate of the instant complaint. The duplicate of the instant complaint reached the Defendant on November 8, 2019.

[Grounds for Recognition] Unsatisfy, entry in Gap evidence 1 to 5 (including branch numbers), the purport of the whole pleadings

C. In light of the above facts, the instant sales contract is governed by Article 7(3) of the instant sales contract.

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