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(영문) 서울동부지방법원 2016.03.15 2015가단28174
위약금
Text

1. The Defendant: (a) KRW 26 million and the Plaintiff’s KRW 5% per annum from August 14, 2015 to March 15, 2016; and (b).

Reasons

1. The following facts do not conflict between the parties, or may be acknowledged in full view of the purport of the entire pleadings in each of the statements in Gap evidence Nos. 1 and 3, and the witness C and D do not believe that some of the testimonys are contrary thereto.

A. On April 9, 2015, the Plaintiff and the Defendant concluded a sales contract with Gangdong-gu Seoul Metropolitan Government E 326 Dong 1501 (hereinafter “multi-family”) owned by the Defendant to purchase KRW 480 million, down payment 26 million, and down payment 26 million. The Plaintiff and the Defendant concluded a sales contract with the content that the Plaintiff would purchase the remainder KRW 414 million on June 15, 2015 at the time when the lease contract is concluded on the apartment.

B. At the time of the above sale, a lease contract was concluded on an apartment with a deposit of KRW 240 million. Thus, the Plaintiff and the Defendant sought to pay the intermediate payment and the remainder by seeking a new lessee from June 15, 2015, when the lease was terminated.

C. After paying the down payment of KRW 26 million, the Plaintiff sought a new lessee to pay the deposit for lease deposit of KRW 430 million, and eventually failed to pay the intermediate payment and the balance on the agreed date because the Plaintiff failed to seek a new lessee.

On June 15, 2015, the Plaintiff could not seek a new tenant because the current tenant of an apartment building could not show his house because he did not cooperate with the present tenant. This was sent to the Defendant a proof of the purport that it was erroneous by the Defendant.

On June 18, 2015, the Defendant also sent to the Plaintiff a certificate of content that the sales contract was terminated on the ground that the Plaintiff’s intermediate payment and the remainder payment were not paid, and that the contract deposit already paid is confiscated in compensation for damages.

On July 20, 2015, the Defendant entered into a contract with a third party for the sale price of KRW 57 million and completed the registration of ownership transfer on September 7, 2015.

2. Arrangement of both claims;

A. The gist of the Plaintiff’s assertion is that the Plaintiff could not seek a new lessee.

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