매매대금반환
1. As to the Plaintiff A’s KRW 10,00,000, and KRW 10,000,000 for each of the said money to Plaintiff B, the Defendant began on July 12, 2017.
1. Basic facts
A. On April 14, 2016, the Plaintiffs entered into each of the following solar power supply agreements (hereinafter “each of the instant agreements”) with respect to electricity produced at solar power plants established by the Defendant and the Defendant in Gyeong-si D:
Plaintiff
A
1. Total amount of supply for contracts and payments: 210,000,000 won: 10,000,000 won for intermediate payment of KRW 50,000 for intermediate payment of KRW 50,000 ( April 18, 2016): 150,000 for remainder payment of KRW 150,000 for loans from financial institutions;
4. In the event that this contract has been terminated due to a cause attributable to the terminating seller, the seller shall compensate for the amount of the down payment that the buyer paid and the seller shall also compensate for the opportunity loss incurred by the buyer due to the termination of the contract.
Plaintiff
B
1. Total amount of supply for contracts and payments: 630,000,000 won: 30,000,000 won for intermediate payment: 150,000,000 won for intermediate payment (450,000 won for loans from financial institutions);
4. In the event that this contract has been terminated due to a cause attributable to the terminating seller, the seller shall compensate for the amount of the down payment that the buyer paid and the seller shall also compensate for the opportunity loss incurred by the buyer due to the termination of the contract.
B. Under each of the instant contracts, the Defendant; the Plaintiff A paid the down payment of KRW 10,000,000 on the date of the contract; KRW 50,000,000 on April 18, 2016; the intermediate payment of KRW 30,000,000 on the date of the contract; and the intermediate payment of KRW 150,00,000 on April 18, 2016, respectively.
C. On August 19, 2016, the Plaintiffs sent to the Defendant a content-certified mail containing the intent to terminate each of the instant contracts on the grounds that each of the instant contracts was not in progress after the conclusion of the instant contracts, and the said notification reached the Defendant around that time.
The Plaintiffs, on October 16, 2016, filed an application for provisional attachment with the Daegu District Court as the resident support of 2016Kahap23, with respect to E forest land 82,239 square meters and D forest land 35,779 square meters in Dong-si, Dong-si, Dong-si, for provisional attachment of real estate.