1. The Defendant: 5% per annum from February 8, 2014 to January 8, 2015, and on January 9, 2015, respectively, to the Plaintiffs.

1. Facts of recognition;

A. On November 30, 2013, the Plaintiffs concluded a sales contract with the Defendant and the said apartment 201 Dong 1202 (hereinafter “instant apartment”) with the content that the sales price is KRW 37.8 million, the down payment is KRW 3,788,000,000,000,000,000,000,000 for the first ( October 10, 2014), the second (payment period is July 15, 2014), and the third (payment period is July 15, 2015), with each of the intermediate payment of KRW 3,078,00,000,000,000,000,000 for sale (hereinafter “instant sales contract”).

B. The Plaintiffs and the Defendant paid 1 million won out of the down payment 30780,000 won on the date of concluding a contract, and the remaining down payment shall be treated as paid by the Plaintiffs, but the Defendant paid 1,439,000 won to the Plaintiffs in installments on December 7, 2013, and 1,539,000 won on December 30, 2013. In the event the Defendant fails to pay each of the above amounts within one month from the due date, the Plaintiffs may immediately cancel the instant contract for sale without notice, and in this case, the Defendant agreed to compensate for all the down payment of 30,780,000 won, which is 10% of the parcelling-out payment, as penalty (hereinafter “instant contract for penalty”).

C. On December 7, 2013 and December 30, 2013, the Defendant did not pay the remainder down payment 2,978,000 won. On February 6, 2014, the Plaintiffs sent notice to the Defendant that the instant sales contract should be cancelled on the grounds of the Defendant’s unpaid down payment, and the following notice was served to the Defendant.

[Grounds for Recognition: Each entry of Gap evidence 1 to 5, and 7 (including partial numbers), and the purport of the whole pleadings]

2. Determination on the cause of the claim

A. According to the above facts, it can be determined that the instant sales contract was lawfully rescinded on February 7, 2014 by the Plaintiffs’ declaration of intent on the grounds of the Defendant’s default of down payment. Thus, barring any special circumstance, the Defendant has already paid the Defendant to the Plaintiffs the penalty amounting to KRW 3,078,00,000, which is determined as penalty in accordance with the instant penalty agreement.