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1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 186,00,000 and the interest thereon from May 19, 2016 to the full payment.
Reasons
1. Claim of this case
A. On January 27, 2015, the Plaintiff entered into a sales contract (hereinafter “instant sales contract”) with Defendant C Co., Ltd. (hereinafter “Defendant C”) with respect to a house for electric source (hereinafter “electric source house in this case”) to be newly constructed on a site 120 square meters in the wife population D and building 32 square meters, among which the Plaintiff was entrusted with sale by Defendant C Co., Ltd. (hereinafter “Defendant C”), and paid the contract deposit amount of KRW 62 million on the date of the contract, and the intermediate payment of KRW 93 million on April 30, 2015.
B. Under the instant sales contract, the scheduled date of the occupancy of the instant electric power unit housing was July 10, 2015, and the construction has yet to be carried out.
C. Upon the lapse of five months from the scheduled date of occupancy due to the Defendants’ cause under the instant sales contract, the Plaintiff may cancel the contract. In this case, the Defendants are required to pay 20% of the total amount of supply as penalty.
Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 186,00,000,000, plus KRW 31,000,000,000, total amount of the sales contract of this case, which was paid by the Plaintiff, as penalty for breach of contract of this case.
2. Defendant B’s portion of the claim against Defendant B does not clearly dispute the Plaintiff’s assertion of the above cause of claim, and thus, it is deemed that Defendant B led to confession pursuant to Article 150(1) of the Civil Procedure Act.
Therefore, Defendant B is obligated to pay the Plaintiff interest in arrears calculated at the rate of 15% per annum from May 19, 2016 to the day of full payment, which is the following day after the final delivery to the Defendants, as the Plaintiff seeks.
3. As to the claim against Defendant C, the Plaintiff asserted that the sales contract in this case was concluded with Defendant B, the owner of the instant electric power resource, who was entrusted with the sales business by Defendant C.