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1. The Defendants jointly share KRW 100,000,000 with the Plaintiff as well as 5% per annum from October 17, 2014 to December 8, 2015.
Reasons
1. The seller refers to A and the buyer refers to B and the buyer enter into a sales contract as follows:
Article 1 (Sale Price and Payment Schedule): 1,750,000,000 down payment of KRW 100,000: Payment Deadline: The first installment payment of KRW 500,000,000 on October 17, 2014: The second and third intermediate payment of KRW 24 October 24, 2014: Mutual Agreement on the Payment Deadline (Termination of Contracts) Article 3 (Termination of Contracts) of the Mutual Agreement on the Payment Deadline.
1.A A may rescind this contract after peremptory notice if B has committed any of the following acts:
1) If the right under this Agreement has been transferred to another person without A’s approval or has been used for the purpose of limitation; 2) B, before the transfer of ownership, has damaged A by intention or negligence, or has caused damage to A by other act; 3) if B, without A’s approval, has altered the structure or has used it for any purpose other than the original purpose, Article 4 (Earned Money)
1. If this contract is rescinded for reasons falling under paragraphs 1 through 2 of Article 3, the down payment which B paid shall be reverted to A as the cancellation money;
2. If this contract has been cancelled for reasons set forth in subparagraphs of Article 3, B shall compensate for all damages suffered by A separately from the cancellation money.
3. In cases falling under Article 3 (2), A shall not pay interest from the day on which he/she receives the former payment (the amount of a contract, late payment charge, etc. shall be deducted) to the day of return, respectively.
Seller (A(B) : Newly developed Corporation, A(B) representative of EBA: New Development
A. On October 17, 2014, the Plaintiff concluded a sales contract (the instant sales contract) with the Defendants, and paid KRW 100,000,000 for E-Ba (the instant loan) newly constructed on Yongsan-gu Seoul and D ground.
The main contents of the instant sales contract are as follows.
B. The Plaintiff failed to pay the intermediate payment by October 24, 2014, the intermediate payment payment deadline, and the Defendants concluded the instant sales contract to the Plaintiff on November 6, 2014.