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1. Defendant D’s KRW 160,000,000 as well as 5% per annum from June 25, 2014 to December 1, 2015 to the Plaintiff.
Reasons
1. Basic facts
A. On March 24, 2014, the Plaintiff purchased each real estate listed in the separate sheet owned by Defendant D and the Plaintiff (hereinafter “instant real estate”) from KRW 3,000,000,000,000, out of KRW 300,000,000 on the date of the contract, and the remainder of KRW 290,000,000,000 on the date of cancelling the registration of creation of a mortgage for the instant real estate. The intermediate payment of KRW 1,100,000,000 is paid when the registration of creation of a mortgage for the instant real estate is revoked, and the intermediate payment of KRW 1,20,00,000,000 is paid to Defendant D and the remainder of KRW 1,50,00 on April 17, 2014 (hereinafter “instant contract”). The contract payment of KRW 1,00,000 on April 30, 2014 (hereinafter “instant contract deposit”).
B. The main contents of the instant contract are as follows.
Article 5 (Cancellation of Contract) The seller may reimburse the seller of the intermediate payment (if there is no intermediate payment, the remainder) before the buyer pays the intermediate payment, and the buyer may waive the down payment and rescind this contract.
Article 6 (Non-performance of Obligations and Compensation for Damages) Where a seller or purchaser has defaulted on the terms and conditions of this Agreement, the other party may notify in writing the person who has defaulted on the contract and cancel the contract.
In addition, the parties to the contract may claim damages from the other party due to the cancellation of contract respectively, and the contract deposit shall be considered as compensation for damages unless otherwise agreed.
C. On April 8, 2014, the Plaintiff sent to Defendant D a certificate of the content that received KRW 290,000,000, the remainder of the instant down payment, and urged Defendant D to cancel the right to collateral security established on the instant real estate, and attached a copy of the cashier’s checks that amounted to KRW 290,000,000 at face value.
Defendant D did not cancel the right to collateral security established on the instant real estate on April 14, 2014, and thus, Defendant D did not automatically reverse the instant contract and would compensate the Plaintiff for KRW 20,000,000, which is double the amount of KRW 10,000 received from the Plaintiff.