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1. As to KRW 20,00,000 among the Plaintiff and KRW 110,00,000, the Defendant shall pay to the Plaintiff the Plaintiff KRW 220,000 from December 12, 2017 to July 10, 2018.
Reasons
1. Basic facts
A. On December 12, 2017, the Plaintiff entered into a sales contract with the Defendant for each of the real estate listed in the separate sheet owned by the Defendant (hereinafter “each of the instant real estate”) with the purchase price of KRW 850 million (hereinafter “instant sales contract”).
According to the instant sales contract, the Plaintiff paid the Defendant the down payment of KRW 110 million to the Defendant at the time of the contract, and the intermediate payment of KRW 200 million was determined to pay the remainder amount of KRW 540 million on January 26, 2018, and on March 2, 2018. In the event the seller or the purchaser fails to perform the instant sales contract, the other party may notify the nonperformance in writing and cancel the contract. The other party may claim damages from the other party in accordance with the termination of the contract, and the other party may claim damages from the other party, and unless otherwise agreed, the down payment shall be deemed as the basis for compensation for damages.
나. 원고는 2017. 12. 12. 피고에게 이 사건 매매계약에 따른 계약금 1억 1,000만 원을 지급하였고, 원고는 2018. 1. 26. 중도금 지불을 위하여 2억 원의 수표를 발행한 후, 피고에게 중도금 2억의 지불을 위하여 부동산에서 기다리고 있다는 문자메시지를 보냈으나, 피고는 업무차 지방이라고 하면서 화요일(2018. 1. 30.)에 뵙겠다고 답신하였다.
C. On January 29, 2018, the Plaintiff sent a text message to the effect that it would take legal measures at the time when the Plaintiff again promised to the Defendant. On February 12, 2018, the Plaintiff sent a text message to the effect that: (a) whether to proceed with the instant sales contract; and (b) whether to contact the instant sales contract or not, the Defendant did not respond thereto.
The Plaintiff’s “to pay KRW 200 million in the intermediate payment on January 26, 2018, but refuse to communicate with the Defendant as well as to communicate with the Defendant,” and the deposit is made on February 13, 2018 and January 26, 2018.”