계약금반환 및 손해배상금
1. The Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff)
A. Of the buildings listed in paragraph 4 of the attached list, 123.53 square meters of three floors.
1. Basic facts
A. On December 26, 2016, the Plaintiff entered into a sales contract with the Defendant to pay the price of KRW 700 million for each real estate listed in the separate sheet with the Defendant as KRW 50 million and KRW 50 million out of the contract deposit KRW 100 million on the date of the contract, the remainder of the contract deposit KRW 50 million until December 27, 2016, and the remainder of KRW 600 million until January 31, 2017.
(hereinafter “instant sales contract”). B.
In addition, on December 26, 2016, the Plaintiff entered into a transfer contract with the Defendant and the Defendant to pay KRW 800 million on the “C Child Care Center” operated by the building listed in the attached Table No. 4 of the attached Table No. 4, and to pay KRW 100 million on the date of the contract, and the remainder to pay KRW 700 million on January 31, 2017.
(hereinafter referred to as “instant transfer contract,” and both the instant sales contract and the transfer contract are different. (C)
On December 26, 2016, the Plaintiff paid to the Defendant the sum of KRW 150 million, out of the down payment of each of the instant contracts, KRW 200 million, and received three floors (hereinafter “instant building”) from among the buildings listed in attached Table 4 on the same day.
On the other hand, on the 27th day of the same month, the Plaintiff prepared a loan certificate with the purport to pay the remainder down payment of KRW 50 million to the Defendant by December 30, 2016.
On December 30, 2016, the Plaintiff failed to pay the unpaid down payment, and on January 31, 2016, abandoned the down payment, real estate brokerage expenses, directors’ expenses, etc., and removed from the instant building by January 5, 2017. The unpaid down payment and the remainder of each of the instant contracts shall be paid at least KRW 50 million by January 31, 2017. However, if the unpaid down payment and the remainder are not paid by the due date, the Plaintiff drafted and implemented a written agreement for waiver, eviction and move-out (hereinafter “each of the instant agreements”).
E. On January 2, 2017, the Plaintiff paid KRW 10 million out of the unpaid down payment of the instant sales contract.