A. On November 26, 2018, the Plaintiff entered into a contract with the Defendant for the purchase of each unit of KRW 466,50,000 in total supply price of KRW 466,50,00, and KRW 543,043,00 in total supply price of KRW 46,50,00 in Jeju-si, and KRW 543,00 in total (hereinafter referred to as “instant sales contract,” collectively referred to as “instant building”), and around that time, the Plaintiff paid the Defendant a total of KRW 201,90,60 in down payment (E No. 93,300,000 in total).

B. If the salesroom occupants of the building of this case were delayed for more than three months from the scheduled date of salesroom occupants due to the reasons attributable to the Defendant, the Plaintiff may cancel the sales contract of this case (Article 4(3)1 of the sales contract of this case), and the Defendant shall pay 10% of the total supply amount to the Plaintiff as penalty where the contract is

(Article 5(3) of the sales contract of this case

When the sales price of the building of this case was delayed for more than three months from April 2019, which was the scheduled date of sales contract of this case, the Plaintiff notified the Defendant in writing on March 12, 2020 that the sales contract of this case was cancelled due to the delay in sales price of the building of this case, and the notification reached the Defendant on March 16, 2020.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. According to the above facts, since the sales contract in this case was cancelled by the exercise of the plaintiff's right to cancel due to the delay in sales of the building in this case, the defendant is obligated to pay to the plaintiff losses for delay calculated by the ratio of 12% per annum as provided by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from April 11, 202 to the day following the day of delivery of a copy of the complaint (10% per annum of 108,608,608, 608, 600 Fransh down payment of Fransh down payment of KRW 108,60,600 (46,50,500 x 10%) and the penalty for delay from April 11, 2020 to the day of full payment of the complaint.