1. The Defendant’s KRW 35,671,580 as well as the Plaintiff’s KRW 15% per annum from October 13, 2018 to May 31, 2019.

1. On July 15, 2016, the Plaintiff entered into a supply contract with the Defendant on the condition that the Plaintiff would purchase a unit No. 4 E on the ground (hereinafter “instant hotel”) on the land outside Seopoposi-si and one other (hereinafter “instant hotel”) at KRW 178,357,900 (hereinafter “instant contract”), and paid a down payment of KRW 17,835,790 (10% of the price) to the Defendant.

The scheduled date of the occupancy of the hotel in this case under the contract of this case is " March 2018".

Article 5(3) of the instant contract provides, “Where the occupancy has been delayed for more than three months from the date scheduled for the initial occupancy due to a cause attributable to the Defendant, the Plaintiff may rescind the contract, and the Defendant shall pay 10% of the total amount supplied to the Plaintiff as penalty: Provided, That where the occupancy has been delayed due to force majeure, such as natural disasters or administrative orders unrelated to the Defendant’s cause, etc., the Plaintiff may not demand the Defendant

Since then, the new hotel construction corporation of this case did not normally proceed and delayed.

(See the reasoning of the judgment below. On July 25, 2017 and August 7, 2017, the Plaintiff notified the Defendant of the cancellation of the instant contract on the grounds of delay in occupancy, on two occasions, after three months from the scheduled date of occupancy. The Plaintiff notified the Defendant by content-certified mail.

The hotel in this case was able to move in after the completion of March 15, 2019, which was 12 months from the scheduled occupancy date.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 7 (including each number in the case of additional number), the purport of the whole pleadings

2. According to the facts of finding the cause of the claim, it is reasonable to view the instant contract was lawfully rescinded on July 2017 by the Plaintiff’s notice of rescission on the ground of the Defendant’s nonperformance of obligation.

Therefore, the defendant shall return to the plaintiff the down payment to be returned to the original state following the above cancellation of the contract of this case and the contract of this case.