A. The Defendant is a company that newly constructs and sells a G hotel (hereinafter “instant hotel”) to be constructed in the F Group at Jeju, and the Plaintiffs are the buyers of the instant hotel.

B. On June 20, 2015, Plaintiff A entered into a contract with the Defendant to be supplied with the hotel Nos. 188,484,400 won as sale price; Plaintiff B, on July 13, 2015, to be supplied with the hotel Nos. 215,534,400 won as sale price; Plaintiff C, on September 4, 2015, to be supplied with the hotel Nos. 186,104,00 won as sale price; Plaintiff D, on January 28, 2015, to be supplied with the hotel Nos. 192,812,400 won as sale price.

(hereinafter) Each of the above contracts entered into between the Defendant and the Plaintiffs (hereinafter “instant supply contract”).

Article 2(3) of the supply contract of this case provides that "A purchaser may rescind this contract where he/she is unable to move into within six months from the scheduled date of occupancy due to a cause attributable to a seller," and Article 3(2) of the supply contract of this case provides that "when the contract is terminated due to a cause falling under Article 2(3), the seller shall pay 10% of the total supply price to the buyer as a penalty."

After nine months from March 2017, the scheduled occupancy date, the Plaintiffs submitted a complaint to the court on March 22, 2018, stating that the instant hotel will not be completed, pursuant to Article 2(3) of the instant supply contract, and the copy of the complaint was served on the Defendant on April 5, 2018.

[Reasons for Recognition] Facts without dispute, entry in Gap evidence 1 to 3 (including a serial number; hereinafter the same shall apply) and the whole pleadings.