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1. As to the Plaintiff KRW 40,000,000 and its KRW 8,000 among them, the Defendant shall pay to the Plaintiff KRW 32,00,000 from June 18, 2016.
Reasons
1. Basic facts
A. On June 18, 2016, the Plaintiff concluded a sales contract with the Defendant to purchase multi-household housing No. 302 of Bupyeong-gu, Incheon and two parcels of land (hereinafter “instant real estate”) at KRW 80,000,000, and to pay the remainder of KRW 72,000,000 on the date of the contract, and the remainder of KRW 72,00,000 on August 5, 2016 (hereinafter “instant sales contract”).
B. On June 18, 2016, the Plaintiff paid each of the Defendant KRW 8,00,000,000, and part of KRW 32,000,000,00 for the remainder on August 5, 2016.
C. Article 6 (Non-performance of Obligations and Compensation for Damages) of the instant sales contract provides, “If the seller or the purchaser has failed to perform the terms and conditions of this contract, the other party may notify in writing the person who has failed to perform the contract and rescind the contract. The other party may claim damages arising from the termination of the contract to the other party, respectively, and the contract deposit shall be deemed as the basis for compensation for damages,
[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 2, and 3 and the purport of the whole pleadings
2. The assertion and judgment
A. 1) The Plaintiff’s assertion on August 5, 2016: (a) during the process of opening the instant real estate on the part of August 5, 2016, the Plaintiff demanded the repair of defects in paying KRW 32,00,000, which is part of the remainder, to the Defendant; (b) however, the Defendant failed to fully perform the repair of defects or refused to perform the said repair until August 28, 2016. The Plaintiff notified the Defendant on September 22, 2016 that the instant sales contract was rescinded on the ground of the Defendant’s nonperformance of obligation. Accordingly, the instant sales contract was rescinded due to the Defendant’s nonperformance, and thus, the Defendant was 40,000,000 won (=the remainder of KRW 32,00,000 due to the rescission of the contract, and the sum of penalty KRW 8,000,000 due to the Defendant’s nonperformance of obligation under Article 6 of the instant sales contract.