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1. Of the judgment of the first instance, the part against the Defendant (Counterclaim Plaintiff) shall be revoked, and that part shall be revoked.
Reasons
1. The court's explanation of this part of the premise of the dispute is the same as the relevant part of the judgment of the court of first instance, and thus, citing it by the main text of Article 420 of the Civil Procedure Act.
2. Determination on the main claim
A. Pursuant to Article 3(1) and (4) of the Special Conditions for the Contract for Construction Works of this case, the Defendant is obligated to guarantee the payment of all PF loans made for the purpose of purchase of land, promotional expenses, financial expenses, and operating expenses of the Plaintiff during the period from the date of the commencement of the contract to the date of the commencement of the contract. Pursuant to Article 19(1) of the General Conditions, the Defendant is obligated to start construction works, and is obligated to perform the sale business pursuant to
However, the Defendant refused to guarantee the payment of the pre-existing PF loans despite the fact that the pre-existing PF loans were raised due to land purchase costs and financial costs, and the additional PF loans were required. On March 1, 2010, the scheduled date of commencement was set as March 1, 2010, and did not take all follow-up measures for commencement and sale even after the business plan was approved on September 23, 2009
This constitutes grounds for termination of a contract under Articles 33(1)1, 33(1)3 (where the date of commencement agreed without justifiable grounds has not yet commenced, and the purpose of the contract is not achieved due to the violation), and 4 (where the guarantee of payment, such as Article 3(1) of the Special Conditions, is delayed) of the General Conditions for the Contract for Construction Works. According to Article 34(1)4 of the General Conditions, where the contract is terminated due to the Defendant’s fault, the Defendant is liable for penalty equivalent to 10% of the contract amount. As such, the Defendant is obliged to pay to the Plaintiff penalty of KRW 19,575,15,200 equivalent to 10% of the contract amount, and damages for delay.
(b) Evidence No. 2-2, Evidence No. 5-1, Evidence No. 11, Evidence No. 14-1, 2, and No. 15, as to whether the additional payment guarantee obligation is not fulfilled.