beta
Text
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
purport.
Reasons
1. Basic facts
A. On November 1, 2016, the Plaintiff entered into an intermediate payment of KRW 1,366,00 with the Defendant, D Co., Ltd., a contractor for the construction and supply of the C building, and E Co., Ltd., a trustee for the construction and supply of the C building on the first floor F (hereinafter “instant real estate”) of the C building (i.e., the land portion of KRW 693,50,000, KRW 61,360,000, value-added tax of KRW 61,360,000, KRW 61,360,000,000, KRW 273,209,209,200 on the date of the contract, and the intermediate payment of KRW 136,604,604,600 was paid to the Defendant on November 15, 2016; and the intermediate payment of KRW 136,604,600 on March 36, 2017, 2017
B. On December 21, 2017 and January 9, 2018, the Plaintiff received occupancy guidance and text messages from the Defendant that “The due date for the payment of the remaining amount is January 20, 2018, and the person who pays the balance of the sale price within the due date is expected to support 0.5% of the total sale price (excluding the value added tax) with the subsidy for the promotion of lease.” On January 18, 2018, the Plaintiff paid the Defendant the remainder of KRW 682,023,00 to the Defendant.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings
2. The purport of the parties’ assertion is that the Plaintiff agreed to pay 0.5% of the total purchase price as a subsidy for lease activation if the Plaintiff pays the remainder within the outstanding payment date. As to this, the Defendant merely knew through a notice and a text message that the Plaintiff has a plan to grant additional benefits in the event that the Plaintiff is unable to seek a lessee after the payment date of the remainder for the number of buyers who failed to rent the store that was sold to multi-oms even after the remainder payment date is due to the realization of the condition that the buyer would pay the remainder in good faith. Thus, the Plaintiff is the Plaintiff who already leased the sold store.