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1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.
2.(a)
The plaintiff (Counterclaim defendant) shall be the defendant (Counterclaim plaintiff) 32,400.
Reasons
Facts of recognition
A. On November 2, 2016, the Plaintiff concluded a sales contract with the Defendant for each of the total sale price of KRW 257,00,000, and KRW 101, Dong 302 (hereinafter “instant 302”) of the C building 102, Dong 102, Dong 102 (hereinafter “instant 102”) with respect to the total sale price for each of the instant 302, Dong 101, Dong 302 (hereinafter “instant 302”). Article 2(1) of the instant sales contract provides that, if the Plaintiff fails to pay the intermediate payment at least once, the Defendant may rescind the said contract without a grace period of at least three days, and Article 3(1) of the contract provides that, if the contract is rescinded, 10% of the total sale price shall be reverted to the Defendant as penalty.
B. On November 2, 2016, the Plaintiff paid the Defendant the down payment of KRW 15,000,000 in connection with the sales contract for the instant 102 and the sales contract for the instant 302.
C. According to the instant sales contract under subparagraph 102, the intermediate payment of KRW 84,00,000 by December 2, 2016, and the instant sales contract under subparagraph 302: (a) the secondary down payment of KRW 10,000,000 by December 1, 2016; and (b) the intermediate payment of KRW 94,00,000,000 by December 2, 2016; and (c) the Plaintiff did not pay the down payment and intermediate payment to the Defendant by the said deadline.
Accordingly, on December 5, 2016, the Defendant notified the Plaintiff that each of the above contracts is terminated without a separate notice of cancellation, where the contract deposit or intermediate payment is not paid to the Plaintiff by December 8, 2016, and the Plaintiff did not pay the down payment and intermediate payment to the Defendant by the said deadline.
[Reasons] The plaintiff's assertion as to the plaintiff's assertion as to the facts without dispute, Eul's evidence Nos. 1 and 2 (including the provisional number), and the purport of the whole pleadings is 40,000 won, including the down payment amount of 20,000,000 won paid to the plaintiff, since the defendant did not perform the sales contract as to the case Nos. 102 and 302, thereby receiving the down payment.