A. The Defendants hold 1/5 shares of Defendant C, and 4/5 shares of Defendant D, with respect to the land and its ground buildings located in Busan-gu E and Busan-gu (hereinafter “instant real estate”).

B. On September 8, 2016, the Plaintiffs, as married couple, concluded a sales contract with the Defendants for the purchase price of the instant real estate at KRW 1.495 billion, and the remainder KRW 150 million on the date of the contract, and the remainder KRW 345 million on January 24, 2017, respectively, and concluded a sales contract with the Plaintiffs to succeed to the loans and the lease deposits secured by the instant real estate (hereinafter “instant contract”).

Article 5 of the instant contract provides that “The buyer may refund the remainder of the down payment to the seller before he pays the intermediate payment (if there is no intermediate payment, before he pays the intermediate payment), and the buyer may waive the down payment and rescind the said contract.”

C. On September 8, 2016, the date of the contract, the Plaintiffs paid the Defendants the down payment of KRW 150 million.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. The parties' assertion

A. Since the Plaintiffs rescinded the instant contract by serving a copy of the instant complaint on the grounds of the Defendants’ nonperformance, the Defendants are jointly and severally liable to pay the Plaintiffs each of the contract deposit amounting to KRW 75 million and the damages for delay equivalent to KRW 150 million in total as well as KRW 75 million in total.

B. The Defendants’ instant contract was rescinded upon the Plaintiffs’ receipt of the down payment of KRW 150 million and consolation money of KRW 30 million from the Defendants, and thus, the Defendants did not have any obligation to pay the said money in excess of the said money.

The instant contract was rescinded due to the reasons attributable to the Defendants

Even if the amount of damages is excessive, the amount of damages is excessive.