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1. The Defendant shall pay to the Plaintiff KRW 126,532,00 and the interest rate of KRW 15% per annum from July 11, 2018 to the date of full payment.
Reasons
1. Facts of recognition;
A. On April 12, 2016, the Defendant entered into a supply contract with the Plaintiff to sell the total supply price of KRW 180,760,00 with the total supply price of KRW 180,760,00 (hereinafter “instant supply contract”), and the main contents thereof are as follows.
The date of approval for the use of the hotel E supply contract: The scheduled date of August 2017 (if changed according to the process, the later individual notification key): the company conducting the scheduled plan (if changed according to the process, the later individual notification key) in October 2017, and the seller hotel E (hereinafter referred to as “A”) in October 2017 shall sell the above property pursuant to the "Act on Sale of Building Units" (hereinafter referred to as the "Building Act") and enter into a contract for construction with G Co., Ltd. (hereinafter referred to as “A”), the responsible completion of the sale of the above property, and enter into the following supply contract with the buyer (hereinafter referred to as “B”).
Article 1 (Supply Price and Payment Method) (2) The first intermediate payment (15%) at the time of concluding a contract: The second intermediate payment (10%) at the time of May 12, 2016: The third intermediate payment (15%) on July 12, 2016: November 12, 2016: The fourth intermediate payment (10%) on March 12, 2017: The last intermediate payment (10%) on March 12, 2017: The balance (30%) on May 12, 2017 at the time of designating occupancy: Article 2 (Cancellation of Contracts) (3) at the time of designating occupancy may be rescinded if it is impossible to complete the completion within three months from the date of completion of the contract due to the cause attributable to A.
Article 3 (Penalty) (2) When this contract is terminated for reasons falling under Article 2(3), "A" shall pay "B" 10% of the total amount of supply as penalty.
Article 5 (A) (3) "A" shall be the basis for the advance payment of the sales price already paid, if it is impracticable to move into the area on the scheduled date of occupancy specified in the main sentence of this contract.