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1. As to the Plaintiff (Counterclaim Defendant)’s KRW 180,000,000 and KRW 10,000,000 among them, Defendant (Counterclaim Defendant) shall be the Plaintiff (Counterclaim Defendant) on May 2, 2018.
Reasons
Facts of recognition
On June 21, 2018, the Plaintiffs: (a) leased the instant building (F buildings on land, non-U.S. E. and one parcel of land, non-U.S. E) from the Defendant to KRW 100 million; (b) monthly rent of KRW 14 million; and (c) lease period from September 5, 2018 to September 4, 2020.
In addition, as a special agreement, the Defendant set the instant building on July 23, 2018 to deliver the instant building to the Plaintiffs on July 23, 2018 for the purpose of interior works, such as “(the Plaintiff) to carry out interior works after the remainder of the deposit for lease on a deposit basis, and (the Defendant) from the remainder date ( July 23, 2018) to September 5, 2018.”
Since then, the Plaintiffs, as stipulated in the foregoing special agreement clause, based on the premise that “the Defendant did not deliver the instant building on July 23, 2018,” the Plaintiffs left Nonparty G with the static point interior construction around June 29, 2018.
The construction cost was KRW 287,485,00, and the construction period was set from July 23, 2018 to September 8, 2018, and paid KRW 30 million as the down payment on the same day.
In addition, on the same day, the Plaintiffs ordered 127 million won to use the freezing cream to H on the same day, and paid 20 million won as the down payment.
Meanwhile, the Plaintiffs paid to the Defendant KRW 10 million on May 29, 2018, KRW 20 million on June 22, 2018, KRW 100 million on July 23, 2018 (including KRW 30 million, which is part of the premium), and KRW 130 million on the aggregate, to the Defendant.
However, on July 23, 2018, the Defendant promised to deliver the instant building, which was not delivered to the wind that did not properly set up the furnitures of the household that it operated on the instant building.
For this reason, the plaintiffs were required to deliver until the next day.
The Plaintiffs, even on July 24, 2018, did not take delivery (the Defendant appears to have taken an talya household, but did not seem to have taken place). The Plaintiffs urged the Defendant to hand over the talyaba household, and the talyba, the meology and the taba.