손해배상(기)
1. Defendant C, F, G, and H are each money recorded in the “Post-paid Interest” column in attached Table 1 to the Plaintiff (Counterclaim Defendant) and each of them.
1. Basic facts
A. 1 Status of the Parties 1) O Co., Ltd. (hereinafter “O”).
) The Incheon Metropolitan City Free Economic Zone Pable ground, Q apartment (hereinafter “instant apartment”) with a scale of 1,002 units on the ground of the 1,002 household unit.
(2) The Defendants are multiple buyers who concluded each sales contract with the Plaintiff with respect to the instant apartment. The Plaintiff is a contractor entrusted with the performance of sales duties, fund management, administrative affairs, etc.
B. The Plaintiff entered into a sales contract between the Plaintiff and the Defendants and the Defendants’ payment of the down payment 1) around October 2009, the Plaintiff sold the instant apartment around October 2009. The Defendants concluded a sales contract with the Plaintiff as to the relevant household indicated in the attached Table 1 “Dong-ho” column among the instant apartment from November 2009 to January 201, 201 (hereinafter “each sales contract of this case”).
(2) The main contents of each of the instant sales contracts are as follows.
[Contract] Article 2 (Cancellation of Contract) (1) The plaintiff may cancel this contract where no performance is made after the peremptory notice when each defendant committed any of the following acts:
(2) When the remainder is not paid within 3 months from the date of designation of occupancy, each defendant may cancel this contract if it is impossible to move into within 3 months from the scheduled date of occupancy due to any cause attributable to the plaintiff.
Article 3 (Penalty) (1) When a contract is terminated due to reasons attributable to each of the defendants under Articles 2 (1) through 2 (2) and other subparagraphs, ten percent of the total amount of the supply price shall be reverted to the plaintiff as a penalty.
(2) When this contract is terminated on the grounds falling under Article 2(3), the Plaintiff shall pay 10% of the total amount supplied to each Defendant as penalty.
(3) When cancelling a contract, the Plaintiff shall refund to each Defendant the sum of the price already paid, excluding penalty.
Provided, That each defendant is not directly related to the reasons for cancellation.