beta
Text
1. The Defendant’s KRW 40,642,00 for the Plaintiff and KRW 15% per annum from October 26, 2018 to May 31, 2019.
Reasons
1. Basic facts
A. The Defendant carried out the business of newly constructing and selling D (hereinafter “instant hotel”) in Kimpo-si, Kimpo-si, and contracted the new construction to E Co., Ltd. (hereinafter “E”).
B. On February 28, 2017, the Plaintiff and the Defendant entered into a supply contract (hereinafter “instant contract”) with the content that the hotel F is supplied for KRW 203,210,000,000.
At the time of the instant contract, the Plaintiff paid the Defendant the down payment (10% of the supplied amount) KRW 20,321,00, and the Defendant notified the Plaintiff of the completion date of the instant contract as at July 2019.
C. The main contents of the instant contract are as follows.
Article 3 [Attachment-do, Balance Payment, and Interest-Free Loan] (1) Loans from part payments (50% of the intermediate payment (50% of the sale price) are borne by the defendant when the defendant uses part payments to a financial institution designated by the defendant, but the balance is paid directly by the plaintiff with the plaintiff's funds, and the payment method of part payments and the balance is the bank (bank account) designated by Article 1(3) of this Agreement, and the defendant does not have a duty to notify the plaintiff of the
Article 8 [Cancellation or Rescission of Contract] (3) The plaintiff may cancel this contract in any of the following cases due to the defendant's fault:
1. The Plaintiff may cancel this contract if it is impossible to enter the room within three months from the scheduled date of entry due to the Defendant’s direct fault.
(Short omitted) Article 9 (Penalties) (2) When this contract is terminated or terminated on the grounds falling under Article 8 (3), the defendant shall pay 10% of the total purchase price to the plaintiff as penalty.
The defendant promoted part payments loans from G Cooperatives, but the loan of part payments is not feasible due to the lack of credit, E, the contractor, etc., leading to the situation where the new hotel construction work in this case is suspended.