1. The Defendant’s KRW 19,173,040 for the Plaintiff and KRW 5% per annum from May 3, 2019 to June 2, 2020.

1. Facts of recognition;

A. On July 27, 2015, the Plaintiff entered into a contract with the Defendant to be supplied with D Hotel E (hereinafter “instant hotel”) for KRW 191,730,400 (hereinafter “instant supply contract”).

B. According to the instant supply contract, ① the scheduled date of entry into a contract is the end of March 2017 (if the contract is somewhat altered, then to be later notified) and ② the Plaintiff, the buyer, is unable to move into a contract within six months from the scheduled date of occupancy due to the reasons attributable to the Defendant, the seller, the buyer, may rescind the contract (Article 2(3)), and ③ In the event the contract is rescinded on the above grounds, the Defendant shall pay 10% of the total supply price to the Plaintiff as penalty

(Article III(2)(c).

Under the instant supply contract, the Plaintiff paid KRW 115,013,00 in total as down payment and intermediate payment to F Co., Ltd. (hereinafter referred to as “F”), a controlled entity, such as sales price, etc., (hereinafter referred to as “F”) on July 25, 2015 through October 22, 2015 (attached Form).

The hotel of this case was not completed until March 2017, which is the scheduled date of occupancy, and the defendant sent a notice to the effect that the scheduled completion date has been delayed due to design change, etc. from around that time until February 2019.

The plaintiff was above B.

The instant lawsuit was filed against the Defendant, claiming that the instant supply contract will be rescinded in accordance with the provisions of Paragraph (1), and that the Defendant would return the already paid amount and pay penalty.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 3 (including branch numbers, if any) and the purport of whole pleadings

2. The assertion and judgment

A. Plaintiff’s primary claim: The right of rescission has occurred pursuant to Article 2(3) of the instant supply contract; and since the Plaintiff exercised the right of rescission by serving a written complaint, the Defendant’s restoration to the original state to the Plaintiff, which is KRW 115,013,00,00, and KRW 19,173,040 as penalty (=191,730,400 x 134,186,080 x 10%.