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Reasons
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(영문) 의정부지방법원고양지원 2015.12.24 2015가단72760
위약금 등 청구의 소
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1. The Defendant’s KRW 82,825,00 for the Plaintiff and KRW 5% per annum from February 28, 2015 to December 24, 2015.

Reasons

1. Facts of recognition;

A. On December 4, 2013, the Plaintiff agreed to produce and construct the 9-type 5-type 5-type , 12-type 5-type 5-dong in the tourist farm located in Incheon City, in total of KRW 241,50,000 (Seoul 2,300,000), and paid the down payment of KRW 132,825,000 on the date of the contract, and paid the intermediate payment of KRW 79,695,00 and the remainder of KRW 53,130,00 within five days after the completion of the construction of the Defendant, and agreed to construct the said housing on the tourist farm within 90 days from the date of the contract.

(hereinafter “instant supply contract”). In addition, in relation to the termination of the contract, the party who provided the cause of the termination of the contract shall pay the full amount of the down payment as penalty.

B. The Plaintiff paid 132,825,000 won to the Defendant according to the instant supply contract.

C. On December 12, 2013, the Plaintiff and the Defendant agreed to change the quantity of housing supply to 9 square-type 8, 2013, and the basic construction was carried out on the Plaintiff’s tourist farm in line with the changed quantity.

However, there is a dispute over the unit price for the changed quantity between the Plaintiff and the Defendant, and the Plaintiff agreed to supply the changed quantity of housing (the total price shall be KRW 165,600,000 per square year) to the existing unit price for supply (the total price shall be KRW 165,600,000) and claimed that the contract should be performed. The Defendant also argued that the supply unit price should be adjusted according to the change in quantity.

E. Around June 5, 2014, the Defendant, the actual operator of C, sent to the Plaintiff a textbook stating that “The Plaintiff shall have the effect of claiming damages on June 18, 2014.” The Plaintiff, on June 5, 2014, notified the Defendant that the remainder of KRW 32,775,000 should be increased to KRW 39,00,000,000. However, the Defendant sent a certificate of claim for damages to the Plaintiff on June 18, 2014.

F. At present, in the Plaintiff’s tourist farm, another house is constructed, and the implementation of the instant supply contract is made.

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