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1. The Defendant’s KRW 32,104,220 as well as 6% per annum from December 19, 2018 to January 15, 2020 to the Plaintiff.
Reasons
1. Progress of this case
A. On March 23, 2015, the Defendant: (a) obtained permission for the construction of a hotel with the name of “E” in the name of “E” (hereinafter “the instant hotel”); and (b) commenced the construction on February 12, 2016, along with a report on commencement of construction on February 12, 2016 (hereinafter “the instant construction”).
On March 18, 2016, the Plaintiff entered into a contract to purchase the instant four-story F of the hotel (hereinafter the instant contract), respectively, and the sale price was KRW 160,521,100 at the time, and the scheduled date of occupancy was March 2018 (the reasonable date of occupancy shall be later notified).
Of the contents of the instant contract, the part relating to the instant issues is as follows.
In the case of a contract for the remainder of the down payment, (10%) first (10%) second (10%) second (10%) 3 (10%) 4 (10%) 5 (10%) 10%) 5 (10%) 5 (40%) 2016. 05. 016, 2016. 16,052, 16,052, 110,052, 110, 110, 16, 110, 110, 110, 16, 1052, 110, 116, 1052, 110, 1106, 1102, 64, 208, 440 (including won, 5) and each of the following cases:
When a contract is terminated pursuant to this subsection, the plaintiff shall pay 10% of the total supply price to the defendant as penalty.
1. 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 force majeure, such as natural disasters or administrative orders unrelated to the cause attributable to the defendant, the plaintiff may not demand the defendant to cancel the contract
Article 6 [Payment, Loan and Loan without Interest] The defendant shall arrange for the loan only when the plaintiff applies for the loan for sale price for the payment of the supplied price as follows:
(1) An application for loans by contract generation shall be filed through a financial institution designated by the plaintiff on the date the defendant notifies, and the defendant shall bear the documents and all expenses necessary for the application for loans.
The plaintiff on the same day is 16,052 down payment.