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1. The defendant shall pay 370,000,000 won to the plaintiff and 12% per annum from September 21, 2019 to the day of complete payment.
Reasons
1. Facts of recognition;
A. On April 18, 2019, the Plaintiff and the Defendant sold KRW 4,800,000 of the purchase price and its ground buildings in Ulsan-gu, Ulsan-gu, Seoul to KRW 1,322.4m2,00,000, but the down payment of KRW 500,000,000 of the remainder until the same month 24, and KRW 3,320,000 out of the remainder, the Defendant succeeded to the secured debt of the right to collateral security established on each of the said real estate and the obligation to return the lease deposit to the lessee, and entered into a sales contract (hereinafter “instant sales contract”). The remainder of KRW 980,00,000 was to be paid by the 30th of the same month (hereinafter “instant sales contract”).
B. According to Article 6 of the terms and conditions of the instant sales contract, where a seller or a buyer fails to fulfill the terms and conditions of the contract, the other party may notify the person who has failed to perform the contract in writing and rescind the contract. The contractual party may claim damages arising from the termination of the contract to the other party, respectively. Unless otherwise agreed, the down payment shall be deemed as the standard of damages
C. The Defendant did not pay the down payment to the Plaintiff even after the date of the payment of the down payment under the instant sales contract expired, and the Plaintiff notified the Defendant to pay the down payment by May 15, 2019, and on May 25, 2019, the Defendant and the down payment payment date were postponed by May 28, 2019, but the agreement was concluded that the instant sales contract will be rescinded as of May 29, 2019 if the said payment date is not fulfilled (hereinafter “instant previous agreement”).
However, on May 24, 2019, the Defendant paid the Plaintiff KRW 5,000,000 as down payment, and did not pay the remainder down payment of KRW 495,00,000 until May 28, 2019.
E. The defendant requested several times to postpone the payment date of down payment to the plaintiff, and the plaintiff was still pending in the lawsuit of this case.