(영문) 서울서부지방법원 2016.02.16 2015가단11611

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(영문) 서울서부지방법원 2016.02.16 2015가단11611

위약금

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1. The Defendant’s KRW 1,00,000 as well as the Plaintiff’s annual rate from April 30, 2015 to February 16, 2016.

Reasons

1. Basic facts

A. On April 1, 2015, the Plaintiff: (a) signed a real estate sales contract with the Defendant to purchase the right to sell the Jongno-gu Seoul apartment 201 Dong 1601 (hereinafter “instant right to sell”) in the amount of KRW 8,392,00,00,000, which is owned by the Defendant; (b) signed a real estate sales contract with the Defendant on July 10, 2015; and (c) paid KRW 1,00,000,000 as the provisional contract amount on the same day; (b) the main contents of the instant promise are as follows; (c) the Plaintiff paid KRW 1,00,000 to the Defendant on April 1, 2015, and the Defendant did not sell the instant right to sell to any other person than the Plaintiff.

In addition, until April 10, 2015, the Plaintiff paid KRW 20 million to the Defendant as the down payment, and the Defendant returned KRW 1 million that the Plaintiff received as the provisional contract deposit to the Plaintiff.

In the event of violation, the plaintiff gives up one million won paid as the provisional contract deposit, and the defendant shall compensate for the double of the paid amount as the penalty.

C. On July 10, 2015, the agreement between the Plaintiff and the Defendant on the instant right to sell was not concluded. D.

On May 4, 2015, the Defendant returned to the Plaintiff the provisional contract deposit of KRW 1 million and the down payment of KRW 20 million, which was paid by the Plaintiff on May 4, 2015 during the instant lawsuit.

Facts that there is no dispute over the basis of recognition, entry of Gap evidence 1, the purport of the whole pleadings

2. The parties' arguments and the issues of this case

A. The Plaintiff and the Defendant: (a) concluded a sales contract for the instant right by preparing the instant promise; and (b) paid KRW 1 million as the provisional contract deposit and KRW 20 million as the down payment to the Defendant; (c) however, the Defendant unilaterally asserted the termination of the contract and revoked or terminated the contract; and therefore, (d) the Defendant is liable for damages to the Plaintiff.

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