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1. The defendant,
A. As to Plaintiff A, KRW 174,344,548 and KRW 107,824,548 among them, the amount of KRW 177,824,548 shall be from September 20, 2016; and KRW 33,260.
Reasons
1. Basic facts
A. The defendant is a company that newly constructs and sells "E hotel" (hereinafter referred to as "the hotel in this case") with the size of the second and tenth above ground located in Seopopo City D, and the plaintiffs are those who purchase guest rooms of the hotel in this case from the defendant.
B. On August 18, 2016, Plaintiff A entered into a contract for the supply of the instant hotel Nos. 162,700,000 won (including value-added tax) and 169,90,000 won (including value-added tax) with the Defendant for each of the instant hotel Nos. 7-F of the instant hotel No. 162,70,000, and Plaintiff B entered into a contract for the supply of the instant hotel Nos. 9-F of the instant hotel No. 162,70,000 won (including value-added tax) from the Defendant on the same day (hereinafter collectively referred to as “instant sales contract”).
Article 11 (Cancellation of Contracts) (3) The Plaintiffs may rescind this Agreement for any of the following reasons:
1. Where he/she personally pays part payments on his/her own account of his/her own circumstances: Provided, That where the defendant has paid part payments on one occasion, the case where
2. Where the defendant has received a corrective order under Article 9 of the Act from the permitting authority: Provided, That this shall not apply where the corrective order has been publicly announced pursuant to Article 9 of the Act on Sale of Building Water and has been taken within two months from the date of public announcement
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, the defendant shall pay 10% of the total purchase price to the plaintiffs as penalty where the contract is terminated due to the cause under Article 12 (Penalty and Refund) (3) (excluding subparagraph 1) (Provided, That it shall be excluded).
Article 17 (Loans.) - When an intermediate payment is available, the case where the plaintiffs take out a loan from a lending financial institution arranged by the defendant and pay the intermediate payment.