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1. The plaintiff's conjunctive claim shall be dismissed to the lawsuit of KRW 19,880,431.
2. The plaintiff's primary claim and remainder.
Reasons
1. Basic facts
A. The Plaintiff is a company that engages in the business of civil engineering works, construction works, etc. in B in the eternic City. The Defendant is the owner of each real estate listed in the separate sheet (hereinafter “instant real estate”).
B. On March 16, 2012, the Defendant concluded a sales contract with the Plaintiff to sell the instant real estate in KRW 2,812,50,000 (hereinafter “instant sales contract”) and agreed to pay the Plaintiff the down payment of KRW 300 million per contract date, the intermediate payment of KRW 1 billion on April 30, 2012, and the remainder of KRW 1.512,50 million on May 29, 2012.
C. The Plaintiff paid the down payment and intermediate payment to the Defendant pursuant to the instant sales contract, but requested an extension of the due date without paying any balance on May 29, 2012, and the Defendant extended the due date on June 18, 2012, up to September 30, 2012, up to three-lanes, up to November 8, 2012, and up to four-lanes until November 30, 2012, but did not receive any balance from the Plaintiff by the said respective dates.
Accordingly, on February 12, 2013, the Defendant notified the Plaintiff of the payment of the balance by February 28, 2013, and notified the Plaintiff of the intent to cancel the instant sales contract if the payment was not made. However, the Defendant did not receive any balance from the Plaintiff by the said date.
On March 4, 2013, the Defendant sent to the Plaintiff a notice of contract rescission containing a declaration of intent to cancel the instant contract, and the Plaintiff received the said notice on March 5, 2013.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, 6, 8 (including branch numbers; hereinafter the same shall apply) and Eul evidence Nos. 2 and 3, the purport of the whole pleadings
2. Judgment as to the main claim
A. The Plaintiff asserted that the Plaintiff had cancelled the instant sales contract on March 5, 2013 due to the delay in the payment of the Plaintiff’s remainder, but the Defendant had cancelled the said contract on March 5, 2013, but had cancelled the said contract again by extending the payment date for the remainder.