The defendant shall pay 105,090,411 won to each of the plaintiffs and 12% per annum from March 17, 2020 to the day of complete payment.

Basic Facts

On November 29, 2018, the Plaintiffs entered into a contract with the Defendant for the supply and transfer of the site for each solar power plant and a contract for the transfer of the site for each solar power plant (hereinafter referred to as “each of the instant sales contracts”) with the content that the Plaintiffs take over KRW 460,00,000 at the time of the contract, the intermediate payment of KRW 60,000,000,000, when the permission for solar power generation business is completed, at the time of the completion of the construction of solar power generation facilities and the completion of the use of solar power generation facilities, as well as the land equivalent to the area for which the Plaintiffs can install the solar power cycles in the capacity of 10,00 kw from the Defendant among the land D and E, as well as the solar power plant installed in the above ground (hereinafter “each of the instant contracts”).

Plaintiff

A paid to the Defendant KRW 10,00,000 on November 29, 2018, KRW 30,000 on November 30, 2018, KRW 60,000 on March 29, 2019, KRW 60,000 on March 29, 2019, and KRW 40,000 on November 29, 2018, KRW 60,000 on March 28, 2019, respectively, and paid both the down payment and the intermediate payment according to each of the instant sales contracts.

On January 9, 2020, the Plaintiffs: (a) signed an agreement to terminate each of the instant contracts with the Defendant (hereinafter “each of the instant agreements”; and (b) signed an agreement with each of the instant agreements (hereinafter “each of the instant agreements”); and (c) on January 9, 2020, each of the said agreements was certified as a deed signed by private persons (No. 19 of the Fhap Law Office 2020 and No. 20 of the said Ministry’s Office 2020).

The main contents of each agreement of this case are as follows.

Party A (referring to Plaintiff A and B; hereinafter the same shall apply) received 105,090,411 (the contract amount of KRW 40,000,000, intermediate payment of KRW 60,000,000, statutory interest of KRW 5,090,411) from Party B (referring to Defendant; hereinafter the same shall apply) and agreed on each of the instant sales contracts.

B shall pay the amount set forth in paragraph (1) above to A not later than February 14, 2020.

Provided, That in the event that Eul is unable to pay the above money by the above date, Eul may not raise any objection to the civil or criminal litigation of Gap.