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1. The Defendant shall pay to the Plaintiff KRW 51,046,240 and the interest rate of KRW 12% per annum from November 13, 2019 to the date of full payment.
Reasons
1. Basic facts
A. The Defendant, a company established in 2010, operated a development project for a electric power resource housing complex, which includes a project to develop a electric power resource housing complex under the name of a common power resource village in the Gyeonggi-si during the development project for a electric power resource housing complex.
The defendant planned the development project of the C-Power Village, recruited the persons who will build the electric source housing by selling the site for the electric source housing complex, and continued the development project by entering into a construction contract for the construction work for the electric source housing and receiving the construction cost.
B. On March 14, 2013, the Plaintiff purchased the land for the construction and moving into the house of the entire Gwon Village. On November 26, 2014, the Defendant and the Defendant entered into a construction contract on construction works with the content that the land for the construction was built on the 26th square meters on the ground of Gyeonggi-gun D, Gyeonggi-gun, respectively, at KRW 78,000,000 for each construction cost of the construction work ( KRW 3,00,000 for each of the construction cost).
(hereinafter “instant construction project” and “instant contract”). C.
In relation to the cancellation of the contract of this case, the contract of this case provides that ① where the contractor fails to commence the construction even after the date of commencement agreed without any justifiable reason (Article 1) and ② where it is evident that there is no possibility of completing the construction by the date of completion due to any cause attributable to the contractor (Article 2(2)), or where it is deemed that the purpose of the contract cannot be achieved due to any violation of the terms and conditions of the contract of the contractor (Article 3), all or part of the contract may be rescinded or terminated (Article 3), and other matters not stipulated in the contract of this case may be stipulated by a separate special agreement by agreement
(Article 22). (d)
Upon the Defendant’s request, the Plaintiff totaled KRW 51,046,240 = down payment KRW 15,60,000.