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(영문) 수원지방법원 2018.07.19 2017가단538229
손해배상(기)
Text

1. The Defendant’s KRW 121,550,095 as well as 6% per annum from May 5, 2018 to July 19, 2018 to the Plaintiff.

Reasons

1. Basic facts

A. The defendant is an executor who newly constructs and sells "D hotel" in the size of 288 rooms on the ground and 10 stories on the ground located in Seopoposi City C (hereinafter "the hotel of this case"), and the plaintiff is a person who purchased a guest room of the hotel of this case from the defendant.

B. On January 15, 2016, the Plaintiff entered into an asset management entrustment contract with the Defendant to receive KRW 165,800,000 of the sales price for the instant hotel 10th 27, and KRW 8% per annum for the down payment before completion from the Defendant instead of entrusting the Defendant with the operation of each of the above guest rooms, and KRW 7% per annum for the sales price excluding the value added tax after completion.

C. The main contents of the sales contract for the hotel of this case concluded between the plaintiff and the defendant (hereinafter “instant sales contract”) are as follows:

(hereinafter referred to as “A” and “B” mean the Plaintiff respectively). The scheduled date of occupancy: during October 2017 (the scheduled date of occupancy may be changed according to the process, and the accurate date of occupancy may be notified thereafter), Article 11(3) “B” may cancel this contract for any of the following reasons:

1. Where he/she himself/herself, due to his/her own circumstances: Provided, That where "A" is recognized after he/she has paid part payments at one time;

2. Where “A” has received a corrective order issued by the permitting authority pursuant to Article 9 of the Act: Provided, That this shall not apply where a corrective order has been published pursuant to Article 9 of the Act on Sale of Buildings and measures have been taken within two months from the date of publication;

3. Where the occupancy has been delayed for more than three months from the date scheduled for the initial occupancy due to reasons attributable to A, "A" shall pay 10% of the total sale price to "B" as penalty if the contract is terminated due to reasons referred to in Article 12 (Penalty and Refund) ③ Article 11(3) (excluding paragraph (1) (excluding paragraph (1)).

Article 17 (B)- When it is possible to lend middle-term loans, the relevant "B" is out of the sales price.

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