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(영문) 제주지방법원 2019.07.18 2018가합1052
매매대금반환
Text

1. The defendant 316,607,199 won to the plaintiff and the plaintiff

(a) Of them, KRW 31,00,000 shall be from May 21, 2016, and KRW 135,00,000.

Reasons

Facts of recognition

The Plaintiff concluding a sales contract is a person who has concluded a sales contract for some guest rooms of Jeju D Hotel (hereinafter referred to as “instant hotel”) located in Seopopo-si, Seopo-si.

The defendant is the executor of the hotel development project of this case, and E Co., Ltd. (hereinafter "E") is the contractor of the hotel development project of this case.

The Plaintiff entered into a sales contract (hereinafter “instant sales contract”) with the Defendant as follows.

The scheduled date of occupancy in the contract for the supply of the object (such as the number of units and the number of units): Plaintiff F, B, 16,000,000 on May 19, 2016, 15, 298, 298,00 G, A, 31,000 on the aggregate of 15,00,000,000,000 on May 20, 2016, 31,000, 293,220,000 Jeju D hotel supply contract (Evidence 1, 20,000) (Evidence 1, 20,000: the scheduled date of occupancy may be changed according to the process; the accurate date of occupancy may be later notified); and the Plaintiff may cancel this contract on September 30, 2017 (Cancellation of the contract) by any of the following reasons:

3. Where the occupancy has been delayed for more than three months from the scheduled date of occupancy due to a cause attributable to the defendant: Provided, That where the occupancy has been delayed due to an unavoidable cause, such as a natural disaster, the plaintiff may not demand the defendant to cancel this contract.

Article 12 (Penalty and Refund) (3) In cases where a contract is rescinded due to the reasons referred to in Article 11 (3) 2 and 3, the defendant shall pay 10% of the total sale price to the plaintiff as penalty.

(4) In the case of paragraphs (1) and (3), the Defendant shall refund to the Plaintiff the price already paid by the Plaintiff plus an annual interest equivalent to 2% per annum from the day the Plaintiff received to the day of refund.

The main contents of the instant sales contract are as follows.

The Plaintiff paid the sales price to the Defendant as follows.

Date of payment by sequence 1, 200 on May 17, 201, 4,000,000 on May 17, 2016; 2,000,00 on May 18, 2016; 3, 200 on May 15, 2016; 4,00,000 on May 15, 2016.

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