(영문) 제주지방법원 2015.06.16 2014가단14657

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 제주지방법원 2015.06.16 2014가단14657

계약금

Text

1. The Defendant shall pay to the Plaintiff KRW 30,00,000 and the interest rate of KRW 20% per annum from October 22, 2014 to the day of full payment.

Reasons

1. Basic facts

A. On June 19, 2013, the Plaintiff entered into a contract with the Defendant to make a written notification in writing to the defaulted party and to cancel the contract (hereinafter “instant sales contract”) on the following grounds: (a) KRW 320 million; (b) the down payment of KRW 30 million on the date of entering into the contract; and (c) the remainder of KRW 290 million on the date of entering into the contract; and (d) the payment on July 25, 2013; and (b) the Defendant shall deliver all documents necessary for the registration of transfer of ownership to the Plaintiff simultaneously with the receipt of the balance of the purchase price; and (c) the other party shall notify the defaulted person in writing and the other party shall cancel the contract (hereinafter “instant sales contract”).

B. The Plaintiff paid a down payment of KRW 30 million to the Defendant on the date of entering into the instant sales contract, and requested a broker on July 23, 2013 to postpone the payment date by mail proving the remaining payment date, but was refused by the Defendant.

C. The Defendant sold the instant real estate to D on August 1, 2013 and completed the registration of ownership transfer on August 19, 2013.

On August 2, 2013, the Defendant sent a content-certified mail stating that “The Plaintiff will terminate the instant sales contract on the ground that the Plaintiff does not have any intent to perform his/her contract and the Plaintiff does not comply with the Defendant’s performance promotion plan.” (hereinafter “instant declaration of intention”) without asking the Plaintiff, other than the Plaintiff, to prepare documents necessary for the registration of transfer of ownership, and without asking the Plaintiff who is the other purchaser.

E. On August 7, 2013, the Plaintiff sent to the Defendant a content-certified mail, which, by October 25, 2013, would have deferred the payment date of the remainder, the Plaintiff would pay to the Defendant the interest during the remainder.

[Ground of recognition] Unsatisfy facts, Gap evidence 1-1, 2, 2, 3, Eul evidence 2 and 3, part of Eul evidence 1, Eul witness E's testimony, and the purport of whole pleadings.

2. Determination:

유사 판례

-서울중앙지방법원 2016.10.04 2015가합573227

-전주지방법원 2014.01.24 2013가합4141

-부산지방법원 2015.07.08 2015가단8007

-서울고등법원 2018.07.12 2017나2076518

-제주지방법원 2015.04.07 2014가단9747