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1. The Defendant’s KRW 270,830,00 among the Plaintiff and KRW 38,690,000 among the Plaintiff, shall be KRW 77,380,000 from December 16, 2017.
Reasons
1. Basic facts
A. On November 29, 2017, the Plaintiff concluded each sales contract (hereinafter “instant sales contract”) with respect to E-building F, G, and H located in the Defendant Kimpo-si C, and Dable block (hereinafter “instant building”).
The main contents are as follows:
Article 5 (Cancellation, etc. of Contract) (3) (Plaintiffs) may cancel this contract where any of the following causes occurs due to a cause attributable to Party A (Defendants):
1. Where the occupancy has been delayed for more than three months from the scheduled date of saleroom occupants due to reasons attributable to Party A: Provided, That the same shall not apply to cases of force majeure, such as natural disasters;
(4) Where this contract is terminated for reasons falling under paragraphs (1) through (3), subparagraph (1) or (2) shall apply to the case of paragraph (1) or (2), and subparagraph (3) shall pay 10% of the total amount of parcelling-out price to the other party as penalty.
In addition, with respect to the price already paid by Eul (Plaintiff), the amount calculated by applying the interest rate of 5% per annum for the period from the date of receipt to the date of return shall be paid to Eul (Plaintiff).
B. According to the instant sales contract, the Plaintiff paid each of the Defendant KRW 38,690,00 for down payment on December 16, 2017, KRW 77,380,00 for the first intermediate payment on January 5, 2018, KRW 77,380,000 for the second intermediate payment on February 28, 2018, and KRW 38,690,00 for the third intermediate payment on June 30, 2018.
C. In the instant sales contract, the scheduled date of salesroom occupants of the instant building was set on February 2019, but the occupancy was delayed due to the delay in the construction of the instant building.
On June 14, 2019, the Plaintiff sent to the Defendant a certificate that the instant sales contract was cancelled on the ground that three months have elapsed since the scheduled date of salesroom under the instant sales contract had not been occupied, and the content of the contract reached the Defendant around June 17, 2019.
[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 2 through 5 can be used.