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(영문) 서울서부지방법원 2015.01.22 2014가합30872
약정금
Text

1. The Defendant’s KRW 500,000,000 and the Plaintiff’s annual interest thereon from January 31, 2014 to May 15, 2014.

Reasons

1. Facts of recognition;

A. On December 5, 2013, the Plaintiff concluded a sales contract on each real estate (including the above land and buildings, hereinafter “instant real estate”) listed in the separate sheet owned by the Defendant (hereinafter “instant sales contract”) between C and C representing the Defendant on December 5, 2013, and paid the Defendant a down payment of KRW 250 million on the date of the contract, the intermediate payment of KRW 450 million on the date of the contract, and the intermediate payment of KRW 40 million on December 31, 2013, respectively, to pay the remainder of KRW 630 million on February 8, 2014. On the same day, the Plaintiff paid the Defendant a down payment of KRW 250 million to the Defendant.

On the other hand, the above sales contract provides necessary documents at the time of building permission and changes the name of building permit at the time of transfer of registration. At the same time, the defendant concludes a sales contract, and at the same time, submits to the court the written withdrawal of the request for auction of the above case on the date of conclusion of the sales contract to the creditor of the claim for auction of the Seoul Southern District Court D real estate auction case in the presence

B. On December 31, 2013, the Plaintiff rescinded the instant sales contract by agreement with C, representing the Defendant, as follows.

1. The Defendant shall pay the Plaintiff the down payment of KRW 250 million and interest KRW 1,198,630,000 to the Plaintiff by January 8, 2014.

2. Since the instant sales contract was terminated by agreement between the Plaintiff and the Defendant, there is no intermediate payment to be paid in December 31, 2013.

Where the defendant fails to pay the refund to the plaintiff within the above payment date, it is confirmed that the amount of KRW 500 million, which is a double of the down payment amount of KRW 250 million, shall be paid by January 30, 2014.

(hereinafter referred to as “this contract for penalty for breach of trust”).

By January 8, 2014, the Defendant did not return the down payment and interest thereon as stipulated in the said rescission.

C represented by the Defendant on April 24, 2014, the price of the instant real estate to E is KRW 1.525 billion.

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