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(영문) 청주지방법원 2015.11.26 2015가단15214
위약금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On May 20, 2015, the Plaintiff: (a) entered into a sales contract with the Defendant to purchase KRW 255,000,000 of the purchase price of KRW 2707,00,000, the amount of KRW 1 million for the purchase contract; and (b) paid the Defendant the purchase price of KRW 1 million.

On July 20, 2015, the Plaintiff intended to pay the remainder to the Defendant on the payment date of the remainder, but the Defendant demanded the cancellation of the sales contract by changing the Defendant’s attitude, and the Plaintiff agreed to receive KRW 20 million, a double the amount of the sales contract, and KRW 18,00,000 paid by the Plaintiff, and rescinded the sales contract with the Defendant.

The defendant did not pay the remainder by returning only the down payment of KRW 10 million among the above money.

2. On May 20, 2015, the judgment purchaser made a sales contract to purchase KRW 255,00,000 from the Defendant for a considerable amount of C forest 2,707 square meters in Cheongju-si on May 20, 2015. The fact that the Defendant paid KRW 1 million to the Defendant, the seller and the Defendant agreed to cancel the above sales contract on July 20, 2015 is recognized, but it is not reasonable to consider whether the Defendant agreed to pay the Plaintiff a double amount of the down payment and KRW 18,084,000 paid by the Plaintiff at the time of the cancellation of the said agreement, and there is no evidence to acknowledge this. Therefore, the Plaintiff’s assertion is without merit.

3. The plaintiff's claim is dismissed. It is so decided as per Disposition.

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