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1. The Defendant: (a) on the land for a factory of 576,014 square meters in Seogwon-si in Chungcheongnam-si, Chungcheongnam-si; and (b) on the land for a factory of 26,014 square meters to the Plaintiff, the Chungcheongnam-si market
Reasons
1. Basic facts
A. The Plaintiff is a company that engages in the business of manufacturing and selling architectural index products, and the Defendant is a company that engages in the business of manufacturing and selling waste incineration.
B. 1) The Defendant, which had its head office in Seoul, promised to provide various support and prompt authorization and permission for the relocation of the company’s head office from Chungcheong City and planned to move the company’s head office to Chungcheong City. 2) The Plaintiff and the Defendant concluded a sales contract on May 14, 2014 with the content that the Defendant purchased the instant land from the Plaintiff for KRW 4,729,80,000,000, the first down payment of KRW 272,980,000 on the date of the contract, and the second down payment of KRW 272,980,000 until June 2, 2014, the Defendant succeeded to the Defendant’s obligations for loans to the Plaintiff’s new bank, and the remainder shall be paid at the same time by August 14, 2014.
(hereinafter “instant sales contract.” Article 6 of the instant sales contract provides that “If the Plaintiff or the Defendant has failed to perform the terms and conditions of this contract, the other party may demand in writing the person who has failed to perform the said contract, and the other party may rescind the contract.” In addition, the other party may claim compensation for damages arising from the cancellation of the contract to the other party, and unless there is any separate agreement as to the damages, it shall be deemed as the basis for compensation for damages,” and the special agreement provides that “In the event of a contract, the down payment shall be KRW 10% of the sales amount or KRW 272,980,000 on June 2, 2014.”
If the 10% of the down payment schedule is not implemented as the promise, the down payment paid 200 million won shall be reverted to the Plaintiff.
(2) The Plaintiff’s bank loans at the remainder of payments.