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(영문) 수원지방법원 평택지원 2018.11.08 2018가단51452
손해배상(기)
Text

1. The Defendant’s KRW 15,350,00 for the Plaintiff and the Plaintiff’s annual rate of KRW 5% from March 15, 2018 to November 8, 2018.

Reasons

1. Facts of recognition;

A. On January 13, 2017, the Plaintiff entered into a contract with the Defendant for the sale of KRW 407,00,000 for the supply value of KRW 2201, Dong 211, Dong 2201 (hereinafter “instant sales contract”).

(b) The payment schedule for the sale price is as follows:

The specific amount of separate payment (unit: KRW 5,000,000 for the first time after the second payment of the down payment of KRW 35,700,000 for the first time after April 10, 2017, the first payment of the down payment of KRW 40,700,700 for the first time after April 10, 2017, the second payment of KRW 40,700 for the second time of June 12, 2017, the third time of November 10, 2017, the fourth time of October 40,700,000 for the fourth time of April 10, 200 for the first time of the first contract of down payment of down payment of KRW 5,70,00 for the second time of April 10, 2018, the remainder of the designated occupancy period of KRW 70,700,000 for the first time after September 14, 2019;

C. The Defendant paid the first down payment of KRW 5 million at the time of the contract, but did not pay the second down payment of KRW 35,700,000 and the part payment thereafter.

On June 20, 2017, August 22, 2017, November 11, 2017, and December 1, 2017, the Plaintiff sent to the Defendant a certificate of demand for the payment of the sales price, and notified the cancellation of the instant sales contract on December 28, 2017.

E. Meanwhile, the contents of Articles 4 and 5 of the instant sales contract are as follows.

(A) “A” and “B” respectively refer to “the Defendant” and “B”, Article 4 (1) “A” may cancel this contract after peremptory notice when “B” commits any of the following acts:

(2) In cases falling under Article 5 (1) (1) (1) In cases falling under Article 4 (1) 1, where the payment of any balance is not made within three months from the agreed date, the down payment already paid (10% of the parcelling-out price) shall be reverted to "A" as a penalty for penalty, when the payment of the balance is not made within three months from the agreed date.

(2) When the contract is terminated for reasons falling under Article 4(1) and 4(2), the down payment (10% of the parcelling-out payment) paid shall be attributed to A as penalty for breach of contract.

(hereinafter referred to as "not being omitted").

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