beta
(영문) 수원지방법원성남지원 2019.07.25 2017가단215284

입주지원금 등

Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 4,871,00 to the Defendant (Counterclaim Plaintiff) for KRW 4,871,00 and for this, from January 20, 2018 to July 25, 2019.

Reasons

The principal lawsuit and counterclaim shall be judged together.

1. The facts below the basis facts do not conflict between the parties, or may be admitted by each entry in Gap evidence Nos. 1, 2, and 3, and there is no other counter-proofs.

The defendant is a person who has conducted a sales business by remodeling the 12th, 14, and 15th, 12th, 15th, and 15th, to an officetel building E (hereinafter referred to as the “instant building”).

B. On September 14, 2016, the Defendant concluded a sales contract with the Plaintiff regarding the total number of five rooms of 14th, 14th, G, 14th, H, 15th, and 15th, of the instant building (hereinafter “instant sales contract”), and notified the Plaintiff of the scheduled date of occupancy of each of the above units on October 31, 2016.

C. When the Defendant was unable to deliver the said five houses to the Plaintiff by the said date, the Defendant agreed to pay the Plaintiff KRW 4,000,000 per heading room to the Plaintiff on December 7, 2016, in total, KRW 20,000 (= KRW 4,00,000 x 5 x 5 x 5) as the occupancy subsidy by January 9, 2017.

On January 17, 2017, the Defendant agreed to pay the Plaintiff KRW 900,00 per heading room as the rent for the provision of shop occupants on November 2016 and December 2016, totaling KRW 4,500,000 (=90,000 x 5 x 5 x 5 x 2) from January 20, 2017 to January 31, 2017.

E. On January 31, 2017, the Plaintiff received KRW 2,500,000 from the Defendant as a subsidy for occupancy.

2. According to the above facts finding as to the claim on the principal lawsuit, the Defendant is obligated to pay the Plaintiff KRW 22,500,000,000 (= KRW 20,000,000) calculated by subtracting the amount of KRW 2,50,000 paid by the Plaintiff from the amount of KRW 24,50,000 (= KRW 24,50,000 - KRW 2,50,000), among the subsidies for occupancy and the rents for salesroom occupants that the Plaintiff promised to pay to the Plaintiff.

In addition, the Plaintiff agreed to pay the Plaintiff a total of KRW 11,250,000 (=450,000 x 5 months x 5 months x 5 rooms) for five months from January 2017 to May 2017, and thus, the Plaintiff should make a further payment.