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The defendant's KRW 15,00,000 for the plaintiff and its 5% per annum from August 21, 2019 to June 18, 2020.
Reasons
1. Facts of recognition;
A. On July 13, 2019, the Plaintiff and the Defendant concluded a sales contract (hereinafter “instant sales contract”) under which the Plaintiff would sell KRW 480,000,000 (i.e., KRW 1,000,000 on the date of the contract, and the remaining KRW 47,000,000 on the date of the contract, and the remaining KRW 47,000 on the account of the Plaintiff on July 15, 2019, the intermediate payment of KRW 152,00,000 on August 30, 2019, the remainder payment of KRW 280,000,000 on August 30, 2019, and the remainder payment of KRW 280,000,00 to the Defendant on December 30, 2019).
B. Terms and conditions of the instant sales contract are as follows: (a) cancellation of the contract; and (b) compensation for damages caused by nonperformance.
Article 5 (Cancellation of Contract) If the buyer does not pay the intermediate payment (if there is no intermediate payment), the seller shall reimburse the sum of the down payment, and the buyer may waive the down payment and rescind this contract.
Article 6 (Non-performance of Obligations and Estimated Compensation for Damages) If a seller or buyer has failed to perform any of the terms and conditions of this Agreement, the other party may notify in writing the person who has failed to perform the obligation and cancel the contract.
In addition, the parties to the contract may claim damages from the other party according to the termination of contract, respectively, and the contract deposit shall be considered as the basis for compensation for damages, unless otherwise agreed.
C. The Defendant paid KRW 1,00,000, out of the down payment to the Plaintiff at the time of the contract according to the instant sales contract.
On July 19, 2019, the Defendant sent to the Plaintiff a written notification of renunciation of a sales contract (hereinafter “instant written notification of renunciation”) to the effect that “The instant apartment was entered into a provisional contract with KRW 1,000,000 on July 13, 2019, and that the contract was concluded on July 15, 2019, and that the contract would not proceed with a regular contract due to the occurrence of circumstances, and would be waived KRW 1,00,000,000.”