기타(금전)
1. Defendant B Co., Ltd.: 32,104,220 won and 15% per annum from December 5, 2018 to May 31, 2019.
1. Facts of recognition: The scheduled date of occupancy of Defendant B Co., Ltd. (hereinafter “Defendant B”): Defendant C Co., Ltd. (hereinafter “Defendant C”) (hereinafter “Defendant C”): The supplied amount: KRW 160,521,100 (1) “B”) shall be deposited in the bank’s account designated in paragraph (2) of this Article within the due date for payment as follows:
(2) Designated banks, account numbers, etc. under paragraph (1) of this Article shall be as follows:
[Designated Bank: Suhyup Bank, Account Number: omitted; Defendant C] Article 5 [Cancellation of Contract and Penalty] (3) “B” may cancel this Agreement in any of the following cases:
When a contract is terminated pursuant to this paragraph, "A" shall pay "B" 10% of the total supply price as penalty.
1. Where the occupancy has been delayed for more than three months from the initial scheduled date of occupancy due to a cause attributable to A: Provided, That where the occupancy has been delayed due to an unavoidable cause, such as an administrative order not related to a natural disaster or a cause attributable to A, “B” due to that cause may not require “A” to cancel this contract;
On March 24, 2016, the Plaintiff concluded a sales contract (hereinafter “instant sales contract”) with the Defendants on the condition that the fourth floor F of the building D and 1 plot of land (hereinafter “instant hotel”) was sold in lots in KRW 160,521,000, among the buildings on the ground of Seopopo City and Seopo City, for the purchase price of KRW 160,521,000.
Of the sales contract of this case, the contents of this case are as follows.
B. At the time of the conclusion of the instant sales contract, the Plaintiff paid 16,052,110 won as down payment to Defendant C’s bank account designated by Defendant B, and the instant hotel was completed on March 2019.
C. The Plaintiff did not deliver the instant hotel to the Plaintiff even after three months from the scheduled date of occupancy specified in the instant sales contract.