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1. The Defendant: (a) KRW 100 million to the Plaintiffs, as well as 5% per annum from April 10, 2014 to January 9, 2015; and (b) thereafter.
Reasons
1. Facts of recognition;
A. On April 12, 2013, the Plaintiffs indicated only each of the instant lands as the subject matter of the sales contract (No. 2 and No. 6-2) (No. 6-2), but there is no dispute between the parties as to the fact that the instant new buildings are the subject matter of the sales contract, although the Plaintiffs indicated only each of the instant lands as the subject matter of the sales contract (No. 2 and No. 6-2).
A sales contract with respect to the purchase price of KRW 2.4 billion and the down payment of KRW 10 million was concluded to pay the balance of KRW 2.39 billion to “after one month after completion of construction” of the new building of this case.
(hereinafter “The First Sale Contract of this case”). The First Sale Contract of this case was concluded by the Defendant’s husband who represented the Defendant.
B. Article 6 of the First Sales Contract of this case provides that the seller shall reimburse the seller for the amount of the down payment in the event of a seller’s default, and the buyer shall waive the down payment and not claim the return thereof against the seller in the event of a buyer’s default.
C. On April 12, 2013, the Plaintiffs entered into a sales contract consisting of 2.6 billion won for the purchase price of Pyeongtaek-si I, J, and K, each of the land and the factory buildings on its ground, which is owned by the president of the Plaintiff, as the representative director (hereinafter “instant sales contract”); and the down payment of KRW 100 million is KRW 10 million; and the remainder of KRW 90 million is paid after the completion of the instant new building; and the remainder of KRW 2.5 billion is paid after two months after the down payment of the down payment.
On April 12, 2013, the Plaintiffs entered into a sales contract for KRW 300 million for the purchase price for Pyeongtaek-si L and M, which is owned by G (hereinafter “instant third sales contract”). The contract deposit amounting to KRW 10 million is the remainder KRW 290 million when entering into a contract.