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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. 1) Defendant B Co., Ltd. (hereinafter “Defendant Company”)
(2) A corporation established on September 24, 2014 (hereinafter referred to as “non-party corporation”) and established on March 15, 2016 for the purpose of manufacturing and selling bread, housing construction, etc. (hereinafter referred to as “non-party corporation”) is a corporation established on March 15, 2016.
3) Around 2017, Nonparty Company (hereinafter “instant business”) promoted the business of newly constructing and selling the Fwon Housing on three parcels outside the E in Yangju-si (hereinafter “instant business”).
(B) Around that time, Defendant C entered into a supply contract between Nonparty C and Nonparty Company on May 29, 2017, on supply of F building G to KRW 146,615,000.
(2) On May 28, 2017, the Plaintiff paid to Nonparty Company KRW 2,00,000, KRW 19,300,000 on May 29, 2017, and KRW 42,30,000 on October 19, 2017, and KRW 42,30,000 on the aggregate of KRW 21,00,000 on October 29, 2017. (c) The degree of progress of the instant project is that Nonparty Company was unable to properly proceed with the instant project due to the delay of construction, and it appears that the completion of the instant project was not possible even around March 28, 2019. [Grounds for recognition] The Plaintiff did not dispute over the facts that there was no dispute, Party A’s subparagraphs 1, 2, 3, and 1, 2, and 2 (including each of the numbers, hereinafter the same shall apply).
- The purport of the whole pleadings
2. The plaintiff's assertion and judgment
A. The gist of the Plaintiff’s assertion was that the Plaintiff rescinded the instant supply contract as of March 28, 2019 upon the delay in the supply obligation under the instant supply contract.
Accordingly, 42,30,00 won paid by the Plaintiff as the supply price, 14,661,50 won for penalty (i.e., 146,615,00 won x 10%) and 19,575,664 won for late occupancy due to late occupancy, and 76,537,164 won for late occupancy.
The Defendant Company is the actual party to the instant supply contract as follows.