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(영문) 제주지방법원 2017.11.24 2017가단57006
기타(금전)
Text

1. As to KRW 131,703,453 among the Plaintiff and KRW 113,913,453 among the Plaintiff, the Defendant shall: (a) from September 21, 2017 to November 24, 2017.

Reasons

Basic Facts

A. The Defendant is a juristic person established on August 22, 2014 for the purpose of the construction business and the hotel operation business, which newly constructs a building of “C” hotel on the land outside Seopo-si B and one parcel (hereinafter “instant hotel”), sells in lots by guest rooms, and enters into an entrusted operation contract with the buyer, and operates the instant hotel at the present building.

B. On May 14, 2015, the Plaintiff entered into a contract with the Defendant to purchase KRW 177,90,000 from the hotel room 529 of this case (hereinafter “instant sales contract”) with the Defendant, and its main contents are as follows.

(2) The contract for the payment schedule and the balance of the down payment amount to be paid and the down payment to be made on December 20, 2014 when a contract is concluded on September 20, 2016, the scheduled date of occupancy:

3. Where the occupancy has been delayed for more than three months from the date scheduled for the initial occupancy due to a cause attributable to Party A: Provided, That where the occupancy has been delayed due to an unavoidable cause, such as natural disaster, etc., Party B shall not request Party A to terminate or cancel this contract.

Article 12 (Penalty and Refund) (3) Where a contract is terminated due to the reasons under Article 11 (3), A shall pay 10% of the total purchase price to B as penalty.

Article 17 (B) - When it is possible to lend an intermediate payment loan, the interest on the loan (one to five installments of the intermediate payment) on the intermediate payment substituted by the application for the loan of B pursuant to Article 2(2) above shall be borne by A.

C. The Plaintiff paid 124,530,000 won as down payment and intermediate payment from May 8, 2015 to April 20, 2016 pursuant to the instant sales contract.

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