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1. The Defendant’s KRW 500,000,000 and the Plaintiff’s annual interest thereon from June 16, 2016 to April 20, 2017.
Reasons
Basic Facts
On May 19, 2015, the Plaintiff entered into a sales contract with the Defendant and the Dobong-gu Seoul Metropolitan Government Land for Factory B, and its ground buildings (Seoul Dobong-gu) with the Defendant (hereinafter “instant sales contract”) with the purchase price of KRW 44.5 billion, and agreed to pay the remainder KRW 2 billion on the date of the contract and the remainder KRW 42.5 billion on August 20, 2015.
On May 19, 2015, the Plaintiff paid the down payment of KRW 2 billion to the Defendant.
As the Plaintiff was unable to pay any balance by the agreed payment date, the Plaintiff and the Defendant extended the remainder payment date on October 31, 2015 on September 1, 2015, and the Plaintiff additionally paid KRW 500 million as the down payment, and the Plaintiff additionally paid the remainder by October 31, 2015, but the Defendant may rescind the contract without a peremptory notice, and the down payment amount is KRW 2.5 billion as the down payment penalty.
(hereinafter “instant additional agreement”). On September 1, 2015, the Plaintiff additionally paid KRW 500 million to the Defendant as the down payment.
(hereinafter) The Plaintiff and the Defendant did not pay the remainder to the Defendant until October 31, 2015.
On November 2, 2015, the Defendant notified the Plaintiff that the instant sales contract was rescinded due to the Plaintiff’s nonperformance of the obligation to pay the remainder.
[Ground of recognition] In the absence of dispute, Gap evidence Nos. 2, 3, 6, and Eul evidence Nos. 1, the purport of the entire pleadings, and the allegations by the parties concerned, the plaintiff asserted that the down payment in this case was scheduled to compensate for damages. In light of various circumstances, such as the circumstance that the plaintiff paid additional down payment KRW 500 million or the fact that the defendant did not cooperate with the loan for the payment of the remainder payment, the plaintiff asserts that the estimated amount of the above compensation for damages should be reduced to KRW 500,000,000, which is an appropriate amount pursuant to Article 398(2) of the