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(영문) 서울남부지방법원 2018.07.26 2017가단233706

계약금반환 등 청구의 소

Text

1. The defendant,

A. 16,557,500 won to Plaintiff A and 6% per annum from March 12, 2016 to September 12, 2017, respectively.

Reasons

1. The plaintiffs and the defendant entered into a sales contract with respect to H and one parcel above the ground I (hereinafter "the hotel of this case") at Seopopopoposi, Jeju, with the following terms and conditions (hereinafter "each sales contract of this case"), and the plaintiff Gap paid KRW 18,031,150 on March 11, 2016, the plaintiff Eul and the plaintiff Eul paid KRW 18,031,150 on March 19, 2016, and the plaintiff Eul paid KRW 25,415,780 on February 20, 2016 (the sum of two rooms), the plaintiff D, and Eul paid KRW 18,031,150 on March 20, 2016, respectively.

(1) On March 19, 2016, Plaintiff J-ho 180,31,50 won of the instant nine-story hotel (i.e., intermediate payment of KRW 18,031,150,750, the remainder of KRW 72,124,60) Plaintiff 2 and Plaintiff 180,31,500 on March 19, 2016 (i.e., down payment of KRW 18,00,000, KRW 18,031,150, KRW 150, KRW 750, KRW 750, KRW 205, KRW 306, KRW 750, KRW 72,124,60, KRW 750, KRW 750, KRW 305, KRW 207, KRW 127,078, KRW 975, KRW 705, KRW 75,600, KRW 507, KRW 305,2075,

The provisions on the cancellation of each contract for sale in this case are as follows.

Article 5 (Cancellation of Contracts and Penalty) (3) B (Plaintiffs) may rescind this Agreement in any of the following cases:

When the contract is terminated pursuant to this subsection, A (Defendant) shall pay 10% of the total supply price to B as penalty.

1. Where the occupancy has been delayed for more than three months from the original scheduled date of occupancy due to a cause attributable to A, it shall be occupied due to force majeure, such as natural disasters or administrative orders unrelated to the cause attributable to A;