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1. The Defendant: (a) KRW 7,195,00 for each of the Plaintiffs and 5% per annum from February 20, 2014 to December 18, 2014; and (b) for each of the Plaintiffs.
Reasons
1. Facts of recognition;
A. On October 2013, the Plaintiffs agreed to jointly construct C apartment units of 600 households (hereinafter “instant apartment units”) with the scheduled completion of construction around May 2016 at Gangseo-gu Busan, Busan (hereinafter “instant apartment”).
B. The Plaintiffs agreed to sell the remaining units of the instant apartment unsold in lots by lot, and granted the opportunity to participate in lot on the condition that the Plaintiff deposited KRW 1,000,000 from the beginning of November 2013 to the applicants for parcelling-out, and the Defendant paid KRW 1,00,000 to the Plaintiffs on November 16, 2013.
C. On November 30, 2013, D participated in the sale of the instant apartment under the name of the Defendant, and the winning results were, on behalf of the Defendant, entered into a sales contract with the Plaintiffs on behalf of the Defendant for the instant apartment (hereinafter “instant sales contract”). The key contents of the instant sales contract are as follows.
1) The total sale price and payment method (Article 1 of the terms of a contract): 307,80,000 won of down payment 30,780,000 won (payment date: November 30, 2013) and six times in total (payment date: January 30, 2013), respectively, 30,780,000 won (payment date: January 10, 2014 to March 15, 2016) and the remainder 92,340,000 won (the date of payment: the date of designation of occupancy) and payment method (2) : The plaintiffs may cancel this contract if the defendants committed any of the following acts:
(Article 3(1)1 of the Terms and Conditions of Contracts (Article 3(1) of the Contract: In the event that the contract is terminated for reasons falling under each subparagraph of Article 3(1) and (2), the defendant shall compensate the plaintiffs for an amount equivalent to 10% of the total sale price (Article 5(4) of the Contract Terms) as penalty (Article 5(1) of the Contract Terms). The plaintiffs' various notifications, etc. against the defendant under this contract can be made under the name of the representative company of the plaintiffs, and the effects of such notification, etc. shall be all the plaintiffs.