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1. The Defendant shall pay 143,573,500 won to the Plaintiff and 15% per annum from July 5, 2017 to the day of complete payment.
Reasons
1. The plaintiff is the actual representative of C Co., Ltd. (hereinafter referred to as “C”) that carries out a model house construction.
The defendant, the purpose of which is real estate development, construction execution, etc., was to carry out the building implementation project called "E" in the Chungcheongbuk-gun D.
C around July 9, 2013, around July 2013, the Defendant entered into a contract for construction works with the E Model Work and started construction works around that time.
On September 10, 2013, the Plaintiff and the Defendant entered into a promise to supply a hotel (hereinafter “instant reservation”) with the following content.
E 1 Location: 308 guest rooms (16.15 square / sale / sale 143,573,500 won/VAT separate) on the 30th floor above ground (143,573,500 won/sale / sale / sale 16.15) of the business contract for the construction of model houses (2.7. 31, 2013, the contract for the construction of model houses) and related with the initial contract for the construction of model houses (2.1, 2013, July 31, 2013, the contract for the construction of model houses) and the above hotel rooms for the smooth construction of delayed construction and subsequent model houses, free of charge, shall be provided to the contractor (Plaintiff) under the above hotel rooms and then converted into the sales contract thereafter.
b. If there is an increase or decrease in the area 4 area, 5 additional dues and tax accounts to be settled later may not be transferred, transferred, delegated, succeeded, subrogated, etc. to a third party without the supplier’s written consent after the sale of this 6th hotel supply reservation to be made later, and before the conversion of the sale contract into the sale contract. The Defendant received the payment of the intermediate payment after the sale to a third party without providing the said 3008 guest room to the Plaintiff.
(The above area of guest rooms like the above 3008 were sold in lots to the third party, and the plaintiff was not provided with the hotel rooms of this case without compensation). [The ground for recognition] The fact that there is no dispute, the whole documentary evidence, and the purport of the whole pleadings.
2. Determination
A. According to the above facts of determination as to the cause of the claim, the above facts of recognition are as follows: the guest rooms of this case No. 3008 or the same area are free of charge.