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1. The Defendant’s KRW 279,00,000 and the Plaintiff’s annual rate of KRW 5% from July 4, 2019 to August 22, 2019.
Reasons
1. Indication of claim;
A. On June 28, 2018, the Plaintiff entered into a sales contract with the Defendant to purchase the remainder amount of KRW 1770 million on the date of the contract, and KRW 1770 million on the day of the contract, and KRW 1770 million on the day of the contract (hereinafter referred to as “instant sales contract”) with each of the parties to the contract at the time when the contract rescinds the instant sales contract (hereinafter referred to as “instant sales contract”), while setting the down payment of KRW 1,593,00,000 on July 30, 2018 (hereinafter referred to as “the instant sales contract”). In the event that the parties to the contract rescinds the instant sales contract, the Plaintiff established the down payment of the instant sales contract as the basis for compensation for damages.
B. The Plaintiff paid down payment of KRW 177 million to the Defendant on the date of the instant sales contract, but failed to pay the remainder by July 30, 2018, and the Plaintiff and the Defendant extended the remainder payment date of the instant sales contract until November 30, 2018, and agreed to pay KRW 75 million to the Defendant on September 11, 2018.
C. On November 30, 2018, the Plaintiff completed the preparation for the payment of the remainder under the instant sales contract. However, the Defendant did not cancel the mortgage or superficies created on the instant land or complete the registration of ownership transfer to the Plaintiff, but expressed his/her intent to unilaterally cancel the contract on December 6, 2018.
Accordingly, on December 10, 2018, the Plaintiff expressed his intent to cancel the instant sales contract to the Defendant on the grounds that the Defendant did not intend to perform his/her obligations under the instant sales contract, requested restitution and payment of damages following the cancellation of the instant sales contract, and the content certification containing his/her intent of rescission reached the Defendant around that time.
E. Therefore, the Defendant calculated KRW 277,900,000,000,000, which the Plaintiff agreed to pay to the Defendant on September 11, 2018 (i.e., KRW 177,77,000,000,000,000, which was to be paid by the Plaintiff to the Defendant on September 1, 2018 (i.e., KRW 177,000,000,000 - KRW 75,000).