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1. The Defendant (Counterclaim Plaintiff) paid KRW 50,000,000 to the Plaintiff (Counterclaim Defendant) and its related amount from July 5, 2017 to April 26, 2019.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On December 12, 2016, the Plaintiff entered into a sales contract with the Defendant and the Plaintiff to sell KRW 1.80 million to the Defendant for KRW 1.8 billion (hereinafter referred to as the “instant land”). On the same day, the Defendant and the Plaintiff paid KRW 1.80 million down payment to the Plaintiff on the same day. The Defendant paid the Plaintiff KRW 1.8 million down payment on the same day.
1. Indication of real estate: Nine parcels of this case;
2.In the sale of the above real estate under Article 2 of the terms of the contract, the buyer will pay the purchase price as follows:
Sales proceeds: 1,680,00,000 won and 168,000,000 won and remaining gold paid on December 23, 2016: 1,512,00,000 won and Article 3 of the India of the above real estate on March 31, 2017 shall be March 31, 2017.
Section 6. In the event of the seller's breach of contract, the seller shall reimburse the down payment with penalty, and the buyer shall waive the down payment and not claim the return thereof at the time of the termination.
Where a seller or a purchaser has suffered any loss due to the other party's non-performance of obligation, he/she may claim damages from the other party, separate from the penalty.
Special Agreement:
1. The current state of sale; 2. The above real estate includes a house not registered on the F ground; 1. The indication of real estate: The instant land;
2.In the sale of the above real estate under Article 2 of the terms of the contract, the buyer will pay the purchase price as follows:
Sales proceeds: 120,000,000 won for the accounts of KRW 12,00: 12,000,000 for the remaining amounts paid on December 23, 2016: 108,000,000 for the delivery of the above real estate on February 28, 2017 shall be February 28, 2017.
Article 6. The seller shall reimburse the sum of the down payment with the penalty, and the buyer shall waive the down payment and not claim the return thereof at the time of the default.