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1. The defendant's KRW 48,015,00 for each of the plaintiffs and 5% per annum from November 1, 2017 to September 21, 2018.
Reasons
1. Basic facts
A. On May 31, 2017, the Plaintiffs: (a) sold at KRW 960,300,000, the sales price of KRW 1st floor of the Osan City C building (hereinafter “instant commercial building”); and (b) KRW 20 million out of the down payment of KRW 192,060,000, KRW 80 million on May 31, 2017; and (c) KRW 92,060,000 on June 30, 2017; and (d) the remainder payment of KRW 768,240,000 on July 15, 2017; and (e) the sales contract was concluded to pay KRW 768,240,00 on the date of designation of salesroom (within 20 days thereafter) (hereinafter “sale contract”). The main contents of the instant sales contract are as follows.
C In supplying the above displayed real estate in the sale contract for commercial buildings, the seller's comprehensive construction (hereinafter referred to as "A") and the buyer A and one other (hereinafter referred to as "B") (hereinafter referred to as "B") shall enter into a contract as follows:
Article 8 (Cancellation of Contracts and Penalty (1) Where a person commits an act falling under any of the following subparagraphs, "A" shall be notified of the performance with a grace period for a considerable period of time (7 days or more) and where "B" is not performed, "A" may re-sale the objects indicated above after notifying the cancellation intention to cancel the contract, and "B" shall not raise any objection thereto.
1. In the event that this contract is terminated due to the reasons in paragraphs (1) and (2) above, the down payment of the total sale price shall be attributed to “A” with penalty and damages (such as the intermediate payment interest, arrears, expenses, etc. in which “A” has been paid on behalf of “A”) and the amount, other than the amount equivalent to penalty and damages, shall be refunded to “B”.
B. According to the instant sales contract, the Plaintiffs paid KRW 20 million out of the down payment of KRW 192,060,000 on May 31, 2017, and KRW 80 million on June 30, 2017, and KRW 92,060,000 on July 15, 2017, respectively.
[Reasons for Recognition] Facts without dispute, Gap evidence 2 and 3 (including branch numbers, hereinafter the same shall apply) respectively.