1.(a)

On September 18, 2014, Busan District Court rendered a decision of performance recommendation (2014Gada613215) against the plaintiff.

1. Basic facts

A. On March 31, 2011, B concluded a sales contract with the Defendant for the supply price of KRW 731,600,000 with respect to the Busan Jin-gu C Apartment-dong 1403 (hereinafter “instant apartment”) (hereinafter “instant sales contract”).

(B) On September 14, 2011, the intermediate payment of KRW 438,960,000 was paid to the Defendant on the same day, and KRW 36,580,000 was paid to the Defendant.

B. B and the Defendant may receive loans from financial institutions for intermediate payments in the instant sales contract. In this case, the Defendant agreed to pay a certain amount of loan interest on behalf of the Defendant, and the details of the agreement are as follows.

The above part payment paid by B is a loan made by the Gyeongnam Bank (hereinafter referred to as "loan financial institution").

Under the business agreement with the defendant, the Scco Construction Co., Ltd. (hereinafter referred to as the "Scco Construction"), and the lending financial institution, part payments can be loaned to B pursuant to the financial institution's credit assessment.

B shall delegate a loan requested by a lending financial institution to be deposited directly into the designated account set forth in the instant contract for sale, and shall apply for a loan to the financial institution designated by the Defendant.

B Where a loan institution makes a request for a payment by the lending financial institution due to the registration of ownership transfer, creation of a collateral security or repayment of a loan even after 60 days have elapsed from the registration date of initial ownership transfer, a sales

In such cases, the provisions of Article 3 shall apply mutatis mutandis to the disposition following cancellation.

Article 3 (Penalty) (1) When the sales contract of this case is cancelled for reasons falling under Article 2 (1) and (3), ten percent of the total amount of the supply price shall be reverted to the defendant as penalty.

(hereinafter “instant penalty clause”) (3) In the case of paragraphs (1) and (2) of this Article, the Defendant shall pay the price already paid by B.