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1. The judgment of the court of first instance is modified as follows.
The defendant shall pay to the plaintiffs KRW 328,50,000 and the defendant shall pay for the above.
Reasons
1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance except for the following changes, and thus, it is acceptable in accordance with the main sentence of Article 420
“The amount of KRW 22,500,000,000 on March 222, 2016” in the third and nine parallel judgments of the first instance shall be changed to “the amount of KRW 22,50,000 on March 22, 2016.”
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D. Accordingly, in a case where the court made a reduction from December 23, 2016, since the date of payment of a penalty for breach of contract to the plaintiffs, since 547,50,000 to 547,500 to 219,00,000 to the plaintiffs excluding the remaining amount of KRW 219,50,000 (=547,500,000 - 219,000) and the court made a reduction from December 23, 2016, since the estimated amount of damages for breach of contract was unfairly excessive, the part corresponding to the reduced portion of the estimated amount of damages is null and void from the beginning (see, e.g., Supreme Court Decision 2002Da73852, Dec. 10, 2004). With respect to the reduced portion, damages for delay shall accrue from the date of cancellation of a sales contract, not from the date of payment of the pertinent amount of damages for breach of contract.
2. In conclusion, the plaintiffs' primary claim of this case is dismissed as without merit, and the conjunctive claim shall be accepted within the scope of the above recognition, and the remainder of the conjunctive claim shall be dismissed as it is without merit.
The judgment of the court of first instance is unfair on the judgment of damages for delay on the conjunctive claim partially different conclusions. Thus, it is decided as per Disposition by accepting the plaintiffs' appeal partially and modifying the judgment of the court of first instance as above.