기타(금전)
1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 212,264,00 as well as to the Plaintiff from May 18, 2019 to August 19, 2019.
1. Determination as to the claim against Defendant B
A. The Plaintiff is the Defendant B Co., Ltd. (hereinafter “Defendant B”) on August 4, 2016.
(B)276,352,00 won (including value-added tax; hereinafter the same shall apply) for sales of officetel Nos. 20 E, which Defendant B newly constructed on the ground D in Yangsan City.
(2) The sales contract is concluded that KRW 27,635,200 shall be the first intermediate payment, KRW 55,270,400 shall be the first intermediate payment, KRW 55,270,40 shall be the first intermediate payment, KRW 55,270,40 shall be the second intermediate payment, KRW 41,452,800 shall be the third intermediate payment, September 3, 2016, and KRW 27,635,200 shall be the first intermediate payment, KRW 27,635,200 shall be the first intermediate payment, and KRW 69,08,00 shall be the payment on the designated date of occupancy (hereinafter “instant sales contract”).
(2) As prescribed in the above sales contract, Defendant C Co., Ltd. (hereinafter “Defendant C”) who entered into a trust agreement with Defendant B with each of the above down payment and intermediate payment.
(2) On May 7, 2019, the Plaintiff and Defendant B agreed to cancel the instant sales contract (hereinafter “instant rescission agreement”) and agreed that Defendant B shall pay the Plaintiff KRW 5,00,000 as the down payment and the cancellation payment by May 17, 2019.
3) Defendant B is obligated to refund the down payment KRW 27,635,200 paid to the Plaintiff and KRW 5,000,000,000 paid to the Plaintiff; to return the intermediate payment of KRW 179,628,800 as unjust enrichment; and to pay damages for delay from May 7, 2019, which is the date of the said rescission agreement with respect to each of the said money. (B) Articles 208(3)2 and 150(3) of the Civil Procedure Act of the applicable provisions of the Acts (i.e., Supreme Court Decision 208(3)
C. The Plaintiff seeking payment of damages for delay from May 7, 2019, which is the date of the instant rescission agreement, but even based on the Plaintiff’s assertion, Defendant B agreed to pay the amount of money under the instant rescission agreement until May 17, 2019. Thus, Defendant B’s delay liability arises from May 18, 2019, which is the day following the said rescission agreement.
I would like to say.
Therefore, it is true.