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Reasons
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(영문) 제주지방법원 2019.01.17 2018가단58440
청구이의
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The instant payment order was served on the Plaintiff on May 1, 2018, and became final and conclusive on the 16th of the same month because the Plaintiff did not object thereto.

B. The contents of the instant payment order are as follows.

On July 20, 2017, the Defendant: (a) the purchase price of KRW 977,000,000; (b) the down payment of KRW 100,000,000; and (c) the remainder on the same day; and (d) the remainder on the same year.

9.5. The Plaintiff purchased the contract deposit from the Plaintiff on the same day, and paid 100,000,000 won to the Plaintiff.

At the time of the above sales contract, the Plaintiff agreed to pay the down payment or cancel the contract if the Defendant renounced the down payment (hereinafter “instant penalty agreement”).

On September 4, 2017, the Plaintiff expressed his/her intent to cancel the sales contract of the instant real estate, and paid a double the down payment of KRW 130,000,000 on the same day, and promised to pay the remainder of KRW 70,00,000 on the 30th of the same month.

The Plaintiff paid KRW 130,000,000 to the Defendant on the same day, but did not pay KRW 70,000,000 as agreed up until now.

Therefore, the Plaintiff is obligated to pay to the Defendant the amount of KRW 70,00,000, and the amount of delayed damages calculated at the rate of 5% per annum from September 5, 2017 to the service date of the instant payment order, and 15% per annum from the next day to the full payment date.

[Ground of recognition] Unsatisfy, entry of Gap evidence 2, purport of whole pleadings

2. Determination:

A. On December 12, 2017, the Plaintiff filed a lawsuit against the Plaintiff for the payment of KRW 70,000,000 and 15% interest per annum from the day following the delivery of the instant complaint to the day of full payment. The Plaintiff asserts that the instant payment order constitutes a double lawsuit and thus ought to be dismissed.

W. Written evidence Nos. 1 and 2, E.

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