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1. The Defendant’s KRW 52,00,000 as well as the Plaintiff’s annual rate of KRW 5% from November 2, 2016 to March 10, 2017.
Reasons
1. Basic facts
A. On August 22, 2016, the Plaintiff purchased the instant real estate in KRW 520,00,00,000, which is the lessee and the Defendant’s agent, of the building 102, 3302, Dong 3302 (hereinafter “instant real estate”). The Plaintiff concluded a sales contract to pay KRW 52,00,00 for the intermediate payment, KRW 60,000 on the date of the contract, and the intermediate payment, KRW 60,000 on October 31, 2016, the remainder amount of KRW 408,00,000 to be paid on March 15, 2017 (hereinafter “instant real estate sales contract”).
B. Article 5 of the instant real estate sales contract provides that “Before a buyer pays an intermediate payment to a seller, a seller may refund a down payment and a buyer may waive the down payment and rescind this contract.” Article 6 provides that “If a seller or buyer fails to fulfill the terms and conditions of this contract, the other party may demand in writing the person who has defaulted and rescind the contract. In addition, the other party may claim damages arising from the cancellation of the contract to the other party, and unless otherwise agreed, the contract shall be deemed as the basis for compensation for damages.”
C. On August 9, 2016, the Plaintiff deposited KRW 5,000,000, out of the down payment amount of KRW 52,000,000 as stipulated in the instant real estate sales contract, into the agricultural bank account under the name of the Defendant. The remainder of KRW 47,000,000 for the down payment was delivered to D as a check on August 22, 2016, on the date of the contract.
Meanwhile, while concluding the instant real estate sales contract with D, the Plaintiff entered into a contract with the Defendant to purchase a household located in the instant real estate in KRW 10,800,000 (hereinafter “instant household sales contract”) at the same time. By August 23, 2016, the Plaintiff completed the payment of KRW 3,800,000 as down payment for the instant household sales contract by means of remitting it to the agricultural bank account in the name of the Defendant to the agricultural bank in the name of the Defendant.
(e).