손해배상(기)
1. Defendant C and D jointly share KRW 550,00,000 to the Plaintiffs, and as to this, from November 4, 2016 to February 26, 2018.
1. Basic facts
A. On August 12, 2016, the Plaintiffs entered into a contract with Defendant C and his/her spouse on the purchase price of KRW 738,400,00 for the first floor M and N of the L Building located in Incheon Dong-gu, Incheon (hereinafter “instant real estate”) and paid KRW 20,00,000 on the day of the purchase price (hereinafter “instant sale price contract”), and paid KRW 20,000 as follows.
4. The Plaintiffs shall acquire KRW 718,400,000 as the old accounts of Defendant C and D by the completion of payment until September 30, 2016.
The contract is null and void at the time of the passage, and the full amount paid by the plaintiffs to the above Defendants is reverted to the above Defendants.
B. On October 6, 2016, the Plaintiffs, Defendant C, and D entered into an agreement to modify Article 4 of the sales contract of the instant case as follows (hereinafter “instant amendment agreement”).
On August 12, 2016, paragraph 4 of the contract for the transfer of sale rights is amended as follows:
4. The Plaintiffs paid to Defendant C and D KRW 320,00,000 in the intermediate payment on October 6, 2016, and paid KRW 398,400,000 in the remainder of the transfer or acquisition price until October 31, 2016.
C. The Plaintiffs paid KRW 160,00,000,000, including down payment, to Defendant C’s account on August 12, 2016, which is the date of the instant sales contract, and KRW 220,000,000 to the said Defendants on October 6, 2016, at the request of the said Defendants, as KRW 100,000,000 to the account of O Co., Ltd. (hereinafter “O”) that was the executing company of the instant real estate as of October 7, 2016, and KRW 70,000,000,000, respectively, to Defendant C’s account on November 3, 2016.
Meanwhile, on May 29, 2017, Defendant C and D filed a claim for the return of the sale price following the cancellation of the sale contract on the ground that the completion of the instant real estate was delayed, and received a favorable judgment on November 17, 2017, and only the portion of the late payment charges in Incheon District Court 2017Gahap54783, and the late payment charges.