A. The Plaintiffs are the contractors of the construction project of the Ildong-dong-gu Incheon Metropolitan City D Apartment (hereinafter “instant apartment”).

B. On February 28, 2008, the Defendants concluded a contract from the Plaintiffs to purchase 502 Dong 2604 among the instant apartment units with the purchase price of KRW 560,800,00 (hereinafter “instant sale contract”).

C. The Plaintiffs publicly announced to the Defendants the designation period of the occupancy of the instant apartment from October 31, 2010 to December 31, 2010. However, the Defendants did not take occupancy even after the expiration date of the designation period of the occupancy, and did not pay any balance of the purchase in lots.

Therefore, the Plaintiffs notified the Defendants of the rescission of the instant sales contract through the notice of performance, and the contract was lawfully rescinded on May 31, 201.

In the instant sales contract, the Plaintiffs and the Defendants concluded that “the Defendant obtained loans from the bank with joint and several guarantee and applied them to the intermediate payment, and the Plaintiffs first paid the interest on the intermediate payment instead of the payment interest.”

The interest on loans that the plaintiffs paid in lieu of 1 to 6 times is KRW 23,745,945, and the interest paid by the plaintiffs after the commencement date of the designation of occupancy was KRW 12,876,953.

[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 through 12, purport of the whole pleadings]

2. Assertion and determination

A. The Defendants are liable for damages due to the Defendants’ nonperformance of their obligations (1) : 56,080,000 won was recognized, and the sales contract of this case was cancelled due to the Defendants’ failure to pay the remainder. Therefore, the Defendants shall compensate the Plaintiffs for the damages.

However, according to the statement of Gap evidence No. 1, if the balance is not paid within three months from the expiration date of the occupancy designation period, the plaintiffs can cancel the contract, and in such a case, 10% of the total amount of public funds belongs to the plaintiffs as a penalty penalty.

Therefore, the defendants are liable to the plaintiff for penalty 56,080.