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1. The Defendant (Counterclaim Plaintiff) paid KRW 45,00,000 to the Plaintiff (Counterclaim Defendant) and its payment from November 19, 2013 to July 23, 2014.
Reasons
1. Basic facts
A. On May 14, 2012, the Plaintiff entered into a sales contract with the Defendant to purchase each real estate listed in the separate sheet owned by the Defendant (hereinafter “instant real estate”) with KRW 900 million, and agreed to pay the remainder KRW 90 million on the date of the contract, and the remainder KRW 810 million on June 11, 2012.
B. The Plaintiff paid a down payment of KRW 90 million to the Defendant, but did not pay the remainder to the Defendant by June 11, 2012, and the Defendant promised to pay the remainder by June 29, 2012, which is part of the remainder, to pay the Defendant the remainder by June 25, 2012.
C. By June 29, 2012, the remaining payment date of which the Plaintiff changed, the Defendant declared his/her intent to confiscate the down payment of KRW 90 million and cancel the contract. On July 3, 2012, the Plaintiff drafted a new sales contract with the Defendant on July 3, 2012, under the condition that he/she pays all the proceeds by July 13, 2012, stating that the Plaintiff will confiscate the down payment of KRW 90 million, the down payment of KRW 20 million, the remainder amount of KRW 710 million, the remainder amount of KRW 70 million, and the remainder payment date of July 13, 2012.
(hereinafter “instant sales contract”). The terms and conditions of the instant sales contract are as follows.
1. In the event that the remaining payment is due, the down payment shall belong to the seller, and this contract shall be null and void.
(B) no objection is raised against the down payment previously invalidated, and no objection is raised against the lien filed on the land. D.
Upon entering into the instant sales contract on July 3, 2012, the Plaintiff jointly and severally guaranteed the loan instrument that B shall pay KRW 40 million up to September 14, 2012, separate from the purchase price of KRW 910 million.
E. On July 4, 2012, the Plaintiff paid KRW 10 million to the Defendant as part of the down payment.
F. The Plaintiff did not pay the remainder to the Defendant by July 13, 2012.