(영문) 인천지방법원 2017.08.10 2016가단226782

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(영문) 인천지방법원 2017.08.10 2016가단226782

매매대금반환

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1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On July 1, 2015, the Plaintiff entered into a contract with the Defendants to purchase KRW 945 million for the purchase price (hereinafter “instant sales contract”) of Jin-gun, Incheon, Jin-gun, Incheon (hereinafter “instant land”) at KRW 12,496 square meters (hereinafter “instant land”).

B. The instant land is the land jointly owned by the Defendants in proportion to one-eight shares, and the instant sales contract was concluded by Defendant B, the representative of the Defendants.

C. The Plaintiff agreed to pay 200 million won of the down payment to Defendant B on the day of the contract (the contract payment was distributed by the Defendants according to their share ratio), and that the seller shall confiscate the down payment if the buyer breached the contract.

(hereinafter “instant agreement”). D.

In the instant sales contract, the remainder KRW 745 million was paid on October 30, 2015 without intermediate payment. The Plaintiff delayed the payment of the remainder, and the Defendants sent to the Plaintiff the content-certified mail stating that the instant sales contract will be rescinded and the down payment would be confiscated on May 19, 2016. The instant sales contract was rescinded at that time.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. The Plaintiff’s assertion that the agreement of this case is reasonable as the liquidated damages, and the court may reduce the amount of 100 million won in excess of 200 million won in light of the real estate sales contract practice that sets the 10% of the sales price as the down payment. As such, the Defendants are jointly and severally liable to pay the Plaintiff the remaining KRW 100 million and the damages for delay.

3. Determination

A. The instant agreement provides an agreement of penalty, which sets the amount of damages for nonperformance as KRW 200 million, a down payment, and the agreement of penalty is presumed to be an estimate of damages (Article 398(4) of the Civil Act), and where the estimated amount of damages is unreasonably excessive, the court may reduce the amount to a reasonable extent.

(Article 398(2) of the Civil Act). The court shall compensate for damages.

참조조문

-민법 제398조 제2항

-민법 제398조 제4항

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