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1. The Defendant (Counterclaim Plaintiff) shall pay 50,000,000 won to the Plaintiff (Counterclaim Defendant) and its payment from December 3, 2016.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. On April 12, 2016, the Plaintiff entered into a sales contract with the Defendant for selling KRW 50,000,000 for the intermediate payment of KRW 1,00,000 for the intermediate payment to June 15, 2016, and KRW 520,000 for the remainder payment, and KRW 520,000 for the remainder payment to be paid on August 15, 2016 (hereinafter “instant sales contract”).
B. Article 6 of the sales contract of this case provides that "if a seller or a purchaser has failed to fulfill the terms and conditions of this contract, the other party may demand in writing that the seller or the purchaser have defaulted, the other party may cancel the contract. The other party may claim damages arising from the rescission of the contract to the other party, respectively, and unless otherwise agreed on the damages, the contract deposit shall be deemed to be the basis for compensation for damages." Paragraph (4) of the special terms and conditions of the sales contract provide that "The default and the compensation for damages shall include the down payment and
C. On April 14, 2016, the Defendant paid 50,000 won down payment to the Plaintiff.
On June 16, 2016, the Defendant did not pay part payments, and on June 20, 2016, the Plaintiff sent a written notice to the Defendant that he would cancel the instant sales contract without paying part payments of KRW 100,000,000 to the Defendant by way of content-certified mail.
E. On August 24, 2016, the Defendant did not pay intermediate payments and remainder, and on September 25, 2016, the Plaintiff sent a written notification to the Defendant, by content-certified mail, stating that the instant sales contract may be rescinded and may be disadvantaged under the special agreement clause (4) if the remainder is paid in full and not paid by September 25, 2016.
F. On November 15, 2016, the Plaintiff prepared all necessary documents for the registration of transfer of ownership to the Defendant and entered into a contract.