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1. Defendant D Co., Ltd.: (a) KRW 85,735,584; (b) KRW 301,628,096 to Plaintiff B; and (c) each of them on February 9, 2018.
Reasons
1. As to the plaintiff A and B (hereinafter referred to as "the plaintiff")'s claims
A. Basic facts 1) Defendant D entered into a sales contract with Defendant E (representative: Defendant F) on September 5, 2016 with regard to the Plaintiff’s I commercial building through Defendant E (hereinafter “instant commercial building”) on December 9, 2016, with Defendant D for the period of implementation of the new construction project of “I” building ( neighboring living facilities and business facilities) at Osan-si, Osan-si, and paid KRW 171,471,168 of the down payment.
3) On October 14, 2016, Plaintiff B entered into a sales contract with Defendant D with regard to the instant commercial building K through Defendant E for the purchase price of KRW 754,070,240. Plaintiff B paid the down payment of KRW 150,814,048, and the intermediate payment of KRW 226,221,072 on August 24, 2017, respectively. 4) The Plaintiffs did not pay the remainder (Plaintiff A: 685,884,672, Plaintiff B: 37,035,120) until the remainder payment was made twice, and Defendant D notified each of the Plaintiffs of the cancellation of the sales contract and the cancellation of the down payment on January 2018.
Article 9 (Cancellation of Contract and Penalty) (1) In the event that Party B (Plaintiffs) commits an act falling under any of the following subparagraphs, Party D (Defendant D) shall set a grace period for a considerable period of time (not less than seven days) and then Party B may re-sale the subject matter of sale indicated above after notifying the intention of cancellation for this contract, and Party B shall not raise any objection thereto.
(4) Where this contract is terminated on the grounds of paragraphs (1) and (2) of this Article, the down payment of the total sale price shall be attributed to A as penalty and damages (interest, arrears, expenses, etc. paid by A) and the amount equivalent to penalty and damages shall be attributed to A.