beta
Text
1. As to KRW 265,00,000 and KRW 212,00,00 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 265,00,000 from November 23, 2017 to November 15, 2018.
Reasons
1. Facts of recognition;
A. On November 20, 2016, the Plaintiff entered into a supply contract with the Defendant and the Defendant to purchase “D” E (hereinafter “instant real estate”) to be newly built on the Asan City C (hereinafter “instant sales contract”) in the amount of KRW 530 million (hereinafter “instant sales contract”).
B. The main contents of the instant sales contract are as follows.
Article 1 (Methods for Sale Price and Payment) The Defendant shall supply the instant real estate to the Plaintiff, and the Plaintiff shall pay the relevant purchase price to the Defendant. Where the Plaintiff cannot move into the instant real estate within three months from the scheduled date of move into the land due to a cause attributable to the Defendant’s cause attributable to the Plaintiff, if the Plaintiff becomes unable to move into the said land within three months from the scheduled date of move into the land (as of July 31, 2017) (as of November 20, 2016, Article 2 (Cancellation of Contracts) of the date of November 30, 2016, the total purchase price of the first intermediate payment (as of completion), KRW 28 million (as of July 31, 2017).
Article 3 (Penalty) (2) When the contract is terminated due to a cause falling under Article 2(2), the Defendant shall pay to the Plaintiff a penalty of 10% of the total purchase price. (c) The Plaintiff paid the Defendant the down payment and the first intermediate payment of KRW 30 million on November 20, 2016 according to the instant contract for sale, and the second intermediate payment paid the Defendant the amount of KRW 82 million on December 23, 2016 and KRW 70 million on June 28, 2017 and KRW 30 million on July 10, 2017 and KRW 50 million on July 310, 2017. The Plaintiff notified the Defendant of the purport that the Defendant could not move into the real estate more than 3 months from July 31, 2017, which is the scheduled date of occupancy, and the Defendant notified the Defendant of the cancellation of the contract under Article 35(1)2 of the 2017 witness’s testimony on November 21, 2017
2. According to the above facts of recognition as to the cause of the claim, the instant sales contract is concluded by the Plaintiff.