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(영문) 수원지방법원안산지원 2020.02.07 2018가단64262
위약금 청구
Text

1. The Plaintiff (Counterclaim Defendant) shall pay to the Defendant (Counterclaim Plaintiff) KRW 31,717,452 as well as the full payment from August 11, 2018.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On September 22, 2017, the Defendant concluded a sales contract (hereinafter “instant sales contract”) with respect to the Plaintiff and the first floor D of the C building in Namyang-si (hereinafter “instant commercial building”) with the sales price of KRW 656,110,00 [the down payment of KRW 65,61,00 (the down payment for a contract), the intermediate payment of KRW 65,61,000 (the down payment on January 22, 2018), and the remainder of KRW 524,88,00 (the first floor payment)].

B. The main contents of the instant sales contract are as follows.

(1) In the following contract, “A” and “B” refer to both the Plaintiff and the Defendant. Article 5(1) of the contract for sale in lots (the date of designation of the occupation store and the procedure of the occupation store) shall be one month from the date of designation of the occupation, and “A” shall be notified in writing to “B” 30 days prior to the date of designation of the occupation store.

(2) B shall pay in full the sale price and overdue interest within the fixed date, and obtain a sales deposit certificate stating the sales date after submitting all the documents requested by A.

Article 12 (Cancellation of Contract) (1) A may cancel this contract in cases where B falls under any of the following subparagraphs after a peremptory notice is given for a grace period of 14 days and no implementation thereof is made:

Where the part payment prescribed in Article 2 is not paid in arrears even if the part payment is partially paid for at least 30 days.

(b) When the balance is not paid within 30 days from the first date of the salesroom occupants' possession period, the contract is terminated on the grounds falling under Article 13 (Penalty and Refund) (1) and 12 (1) and (2), 15 percent of the total sales price shall be deemed a penalty and the remaining amount shall be reverted to A and refunded to B.

In such cases, Eul may not claim the period for the sale price already paid to Gap.

(2) Where this contract is terminated for reasons falling under subparagraph 1 (b) of Article 12, the remaining amount shall be returned to B after deducting the penalty under paragraph (1) of this Article from the sale price already paid by B, and where there is no remaining amount, he/she shall not request the return thereof.

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