배상금
1. The defendant shall pay 75,00,000 won to the plaintiffs and 12% per annum from July 4, 2020 to the day of full payment.
1. Facts of recognition;
A. On January 23, 2020, the Plaintiffs entered into a real estate sales contract with the non-party D Co., Ltd. (hereinafter referred to as the "non-party Co., Ltd.") on the purchase price of KRW 1,500,000,000, the purchase price of KRW 33,205 square meters in Gyeongbuk-gun, the ownership of the non-party Co., Ltd.
The plaintiffs paid the down payment of KRW 150,000 to the non-party company on the date of the contract, and the remainder of KRW 1,350,000,000 was paid on March 10, 202 and received the registration of ownership transfer.
B. The Defendant is a witness of the above sales contract, and the Defendant agreed to compensate the buyer for KRW 75,00,000 when the seller violates this contract by a special contract.
(Foreign Company paid 25,00,000 won to the Defendant out of the down payment that the Plaintiffs paid to the Defendant).
The payment date of the balance to the plaintiffs on March 9, 2020, which is the day immediately before the payment date of the balance.
3. Until March 31, 200, the Plaintiffs changed to extend.
3. Although the non-party company demanded the preparation of a written confirmation that the contents of the contract will be fulfilled without the identity of the terms, the non-party company rejected the written confirmation and did not reach an extension agreement on the remaining payment date.
The balance payment and ownership transfer registration are not made on the payment date of the balance.
On March 17, 2020, the plaintiffs notified the cancellation of the real estate sales contract for the non-party company's breach of the contract, and sent proof of the contents requesting the implementation of the special agreement as soon as possible.
On April 22, 2020, the non-party company sent a proposal to the plaintiffs that the defect in the joint business with the plaintiffs, and this proposal contains the statement that the plaintiffs would pay the agreed penalty if they oppose the proposal.
[Evidence] Evidence Nos. 1, 2, and 3, the purport of the whole pleadings
2. According to the above facts of determination, it is recognized that the non-party company did not perform the above sales contract by stating that it did not intend to perform the above sales contract. Thus, the defendant shall pay the plaintiffs KRW 75 million according to the above special agreement.