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(영문) 서울중앙지방법원 2018.05.04 2017가단5117001

매매대금

Text

1. The defendant shall pay to the plaintiff KRW 34,170,000 per annum from May 1, 2015 to May 4, 2018 and from the next day.

Reasons

1. Basic facts

A. On May 1, 2015, the Plaintiff (formerly: C) entered into a supply contract with the Defendant to purchase each of Fho Lakes and G from the 15th basements underground of the 15th basements underground (hereinafter “instant hotel”) scheduled to be constructed on the D’s ground in Gangwon-gun, Gangwon-do (hereinafter “instant hotel”). On the same day, the Plaintiff paid the Defendant KRW 34,170,000, totaling KRW 17,085,00,000, as the down payment of the respective heading rooms, on the same day.

B. Upon entering into the instant supply contract, the Plaintiff and the Defendant agreed to enter the scheduled completion date of the instant supply contract in the supply contract as scheduled June 2017 (the scheduled completion date may be modified according to the design modification and process, and individual notification at the time of modification), but the construction was delayed, and only 40.96% of the construction was completed as of June 30, 2017, and the completion was not completed even on April 2, 2018, which is the date of closing the argument in the instant case, and even according to the Defendant’s notice, it would take approximately six months from March 20, 2018 until the approval for use of the instant hotel was granted.

Meanwhile, at the time of the instant supply contract, the Defendant completed the registration of ownership preservation within 30 days from the date of usage inspection and agreed to complete the registration of ownership transfer within 30 days from the date of registration of ownership transfer.

(Article VIII, paragraphs 1, 2). (c)

On the other hand, on December 15, 2016, the Fair Trade Commission made an advertisement on the instant-sale-type hotel by the Defendant, i.e., the following acts: ① the rate of operating profit of 12% per annum or the monthly operating profit of 110,000 won, etc. over a long-term period without expressly stating the fact that the period of guarantee of fixed operating profit is only two years; ② the act of advertising by the H hotel as the first-class hotel with the domestic guest room operating rate without objective grounds; ③ the act of advertising by the H hotel as the first-class hotel with the domestic guest room operating rate of 1 million won per annum without objective grounds; and ③ the act of advertising by the Defendant having an exclusive responsibility for demand for the annual name of 7 million