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1. The Defendants jointly pay 83,660,000 won to the Plaintiff and 12% per annum from January 2, 2020 to the full payment day.
Reasons
Basic Facts
A. On November 2018, the Plaintiff was introduced from Defendant C to purchase the commercial building located in Gyeyang-gu Incheon Metropolitan City H (hereinafter “instant building”) owned by Defendant G at the “F Licensed Real Estate Agent Office” located in Gyeyang-gu, Incheon (hereinafter “instant Licensed Real Estate Agent Office”).
B. On March 7, 2019, the Plaintiff concluded a sales contract to purchase the instant building from G from the J Licensed Real Estate Agent Office in Gyeyang-gu, Incheon (hereinafter “instant sales contract”) on the purchase price of KRW 945 million, the Plaintiff determined to pay the down payment of KRW 90 million on the date of the contract, in lieu of the Plaintiff’s acceptance of the obligation to return the deposit for the instant commercial building’s lease amount of KRW 110 million, out of the remainder of KRW 850 million on the date of the contract, and instead of the Plaintiff’s acceptance of the deposit for the instant commercial building’s lease amount of KRW 150 million on April 10, 2019.
C. The Plaintiff paid KRW 80 million to G around March 7, 2019, as the instant purchase price, and from March 6, 2019, the same year.
6. Until August 20, 200, Defendant B paid an amount equivalent to KRW 122,2660,000 to Defendant B as follows, however, Defendant B did not pay the said money to Defendant B, and G rescinded the said sales contract on the ground of the Plaintiff’s nonperformance of obligation on August 7, 2019.
(1) On March 1, 2019, the amount of temporary payment of KRW 1,00,000,000 won was returned to the former tenant on March 6, 2019; KRW 1,6 million on March 12, 2019; KRW 25 million on March 27, 2019; KRW 1,5 million on March 29, 2019; KRW 6,000,000 on April 1, 2019; KRW 7,5 million on April 19, 2019; KRW 8,70,000,000 on June 3, 2019; KRW 6,60,000 on June 16, 2019; KRW 1,60,000 on June 16, 200,000 on KRW 1,60,000 on June 3, 19, 2019.
D. On July 16, 2020, Defendant B was sentenced to a suspended sentence of 10 months for the following criminal facts (hereinafter “instant tort”) and was sentenced to a suspended sentence of 2 years for ten months, and the Incheon District Court 2019Kadan9130, hereinafter referred to as “the instant tort”).