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(영문) 제주지방법원 2019.02.21 2017가합13379
손해배상(기)
Text

1. The Defendant shall pay to the Plaintiff KRW 244,468,00 and the interest rate of KRW 15% per annum from February 22, 2018 to the date of full payment.

Reasons

1. Facts of recognition;

A. On April 28, 2016, the Defendant entered into a sales contract with the Plaintiff, and with respect to the supply contract under which the fourth floor F of the building constructed in Seopo City C and D (hereinafter “instant hotel”) sells the six floor G units to the Plaintiff at KRW 173,480,00, and KRW 175,760,000, respectively (hereinafter “each of the instant supply contracts”).

B. The date of approval for the use of the hotel E supply contract of the instant supply contract: The scheduled date of August 2017 (if a change is made in accordance with the process, the later individual notification key) and the seller hotel E (hereinafter referred to as “A”) shall sell the above property in accordance with the Act on Sale of Building Units (hereinafter referred to as “Building Units Act”) and enter into a supply contract with H Co., Ltd. (hereinafter referred to as “A”), a responsible completion company, sufficiently confirm the details of this supply contract and recruitment notice in selling the above property, and enter into the supply contract with the buyer (hereinafter referred to as “B”) as follows.

Article 1 (Supply Price and Payment Method) (2) The first intermediate payment (15%) at the time of concluding a contract: The second intermediate payment (10%) at the time of May 12, 2016: July 12, 2016: The third intermediate payment (15%) at the time of November 12, 2016: The fourth intermediate payment (10%) at the time of November 12, 2017: The balance (30%) on May 12, 2017 at the time of designating occupancy: Article 2 (Cancellation of Contracts)(1) A may be rescinded if the “B” commits any of the following acts:

(2) The term "B" may cancel this contract by itself in the case of its own circumstances.

Provided, That this shall be limited to cases where "A" is recognized after payment has been made at one time.

(3) The term “B” may cancel this contract if it is impossible to complete the project within three months from the date of completion of the project due to the reasons attributable to “A”.

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