Page 87 - 50 คำถาม เกี่ยวกับการอนุญาโตตุลาการ

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damages, as predetermined by the Parties, regardless of the appellation “fine” imposed by agreement
of the Parties.

Thirdly, the loss of profit as represented by the difference between the price of THB.

85,000,000 and the actual subsequent sale by the Respondent of the condominium to the third Party,
Ms. N (the “Purchaser”) for the sum of THB. 98,000,000, thus at the increased price of THB. 13,000,000,

representing unjust enrichment by the Respondent. This amount of THB. 13,000,000, must be paid in
return to the Claimant, as original purchaser, whose Sale and Purchase Agreement was wrongfully and

unlawfully terminated by the Respondent.

Accordingly, to sum up, the total amount of THB. 55,000,000 under para (1) above, plus
the liquidated damages of THB. 8,500,000 representing 10 Percent of that price under the Sale and

Purchase Agreement under para (2) above), and the sum of THB. 13,000,000 under para (3) above as
unjust enrichment unduly received by the Respondent from Ms. N (the “Purchaser”) for value without

notice, shall be paid to the Claimant by the Respondent, irrespective of the reliefs sought by the
Claimant in the present case.

As for the interest rate of 15 percent of the amount of damages sought by the Claimant,

calculated by the Claimant from 31 December 2518 until the filing date in the amount of THB.
48,934,931.51, under Clause 13.31 and Clause 16.1 of the Sale and Purchase Agreement, there was no

evidence nor legal foundation in support of the notice given by the Claimant to the Respondent under
Section 16 (1) of the Sale and Purchase Agreement as suggested by the Claimant. Accordingly, the

Claimant may only successfully claim the legal interest of 7.5 percent for the amount of THB. 55,000,000
actually paid as the initial payment and for the amount of THB. 13,000,000, from the date of sale of the
condominium Unit to the Purchaser, representing unjust enrichment by the Respondent.

The remaining THB 30,000,000 paid by the purchaser to the Respondent may rightfully
be retained by the Respondent as part of the payment due to the Respondent for the Condominium

Unit.

The cost of the revised Transcripts of the Respondent’s witnesses as prepaid by the
Claimant in the amount of THB 10,700 shall be borne by the Respondent.