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1. The plaintiff, the defendantB, the defendant C, the 12,012,387 won, the defendant D, the 10,576,124 won, and the defendant E, the 10,576,124 won.
Reasons
1. Basic facts
A. On July 4, 2016, the Plaintiff entered into a sales contract to sell the instant store (hereinafter collectively referred to as “each of the instant sales contract”) with Defendant B,C, D, E, F, G, and J, which sells the instant store in Suwon-si I (hereinafter referred to as “instant commercial building”). Defendant H entered into a sales contract to succeed to the status of purchaser for the instant commercial building K and L from J as of July 4, 2016, and consented thereto.
The main contents of each sales contract of this case are as follows.
Article 3 (Duty to Notify Cancellation, Change of Address, etc.) (1) “A” may cancel this Agreement if “B” commits any of the following acts, after giving notice, if not performed:
(A) If (B) the balance was not paid within 2 months from the date of designation of occupancy because the intermediate payment prescribed in Article 1 was not paid continuously once or more, and the payment was not made with a 14-day grace period fixed and notified twice or more, and if (c) the “B” by the guarantee of the “B” delays the implementation of the procedures for establishment of a right to collateral security with a financial institution under the loan agreement for the delayed repayment of the loan, unredeemed and the supply price loan agreement; or if the “B” claims the payment of interest, etc. on behalf of the “A” to the financial institution on more than 14-day grace period, the “B” does not pay the interest to the financial institution at least twice.
At the same time, it shall be clearly stated that “the contract shall be rescinded unless the interest, etc. is paid to the financial institution even after the grace period, and the remaining amount shall be paid after deducting the principal and interest of the loan and the penalty from the down payment and the intermediate payment already paid.”
Article 4 (Penalties) (1).