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1. The Defendant’s KRW 181,720,00 for the Plaintiff and 6% per annum from June 10, 2017 to August 12, 2019.
Reasons
1. Basic facts
A. On July 26, 2016, the Plaintiff: (a) purchased 120,980,000,000,000,000 for each purchase price; (b) between the Defendant and the Defendant, Ulsan-gu Officetel D and E (hereinafter “each of the instant real estate”) from the Defendant; (c) concluded each contract for sales in lots (hereinafter “each of the instant sales in lots”) with the effect that the contract may be terminated if the Plaintiff becomes unable to move in within three months from the scheduled date of occupancy due to reasons attributable to the Defendant.
B. From July 22, 2016 to June 10, 2017, the Plaintiff paid the Defendant KRW 18,1720,000,000 as the sales price for each of the instant real estate, plus KRW 2,5960,000,000,000,000,000, and the intermediate payment of KRW 15,5766.
C. From February 2018 to March 3, 2018, the Defendant did not obtain approval for the use of each of the instant real estate.
【Fact-finding without dispute over the basis of recognition, Gap 1, 2, 3 (including more than one number), the purport of the whole pleadings.
2. According to the above facts, since the Defendant was unable to move into within three months from the scheduled date of occupancy pursuant to each of the instant sales contracts, the Plaintiff may cancel each of the instant sales contracts. The fact that the Plaintiff’s delivery of the copy of each of the instant sales contracts to the Defendant on August 12, 2019, stating the Plaintiff’s declaration of termination of each of the instant sales contracts, is apparent. As such, each of the instant sales contracts was lawfully terminated on August 12, 2019.
Therefore, the Defendant, a merchant, is obligated to pay to the Plaintiff the interest and delay damages calculated at the rate of 6% per annum under the Commercial Act from June 10, 2017, which is the date of the final payment of the sale price, to August 12, 2019, and 12% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.
3. Conclusion.