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(영문) 서울중앙지방법원 2018.11.30 2018나31988

매매대금

Text

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.

Reasons

1. Basic facts

A. On May 1, 2015, the Plaintiff (formerly: C) entered into a supply contract with the Defendant to purchase Nos. 15 and G among the 185,372,250 won (including value-added tax) of the 15th above ground and the 5th underground story E hotel (hereinafter “instant hotel”) scheduled to be constructed on the D’s ground in Gangwon-gu Station as an executor (hereinafter “instant hotel”). On the same day, the Plaintiff paid the Defendant a total of KRW 34,170,000 as the down payment of each head office room.

B. Upon entering into each of the instant supply contracts, 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 (amended by design modification and process, and individual notification at the time of modification), but only 40.96% of the construction as of June 30, 2017 was delayed.

C. On January 10, 2017, the Defendant: “Around October 2017, the construction of the underground section was scheduled to complete March 2016 due to partial changes in the section of the construction of the underground section; the construction of the construction of the underground section was completed at around October 2016; the construction of the construction of the underground floor is being changed to meet the air delayed in the construction of the construction of the underground section; the underground floor has been completed up to three floors; the ground level has been in progress; the construction of the underground floor is in progress by UP-UP method, separate from the underground floor at the time of completion; the construction of the 10th floor is expected to take ten months until the completion of the construction. Accordingly, the completion of the construction of the construction of the underground section was anticipated to take measures for delay at the time of November 2017; the construction of the existing construction and the construction of the remaining notice to the Plaintiff at the time of construction completion at around 201.”