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1. The Defendant’s KRW 121,664,00 for the Plaintiff and KRW 6% per annum from May 19, 2018 to June 8, 2018.
Reasons
1. Basic facts
A. On April 2016, the Defendant entered into a sales contract with the Plaintiff, a supply contract which sells the fourth floor F of Jeju Special Self-Governing Province and D ground hotel E (hereinafter “instant hotel”) to the Plaintiff for KRW 152,080,000 (hereinafter “instant supply contract”), and the main contents of the said supply contract are as follows.
The date of approval for the use of the hotel E supply contract: The scheduled date of August 2017 (if the change is made according to the process, the later individual notice key): October 2017; and the seller hotel E (hereinafter referred to as "A") shall sell the above property in accordance with the "Act on Sale of Building Units" (hereinafter referred to as "Act") and enter into a contract for construction with G Co., Ltd. (hereinafter referred to as "A"), the responsible completion contractor, for the sale of the above property, sufficient confirmation of the details of the present supply contract and the public notice of recruitment, and enter into the supply contract with the buyer (hereinafter referred to as "B") as follows:
Article 1 (Supply Price and Payment Method) (2) The first intermediate payment (15%) at the time of concluding a contract: The second intermediate payment (10%) at the time of May 12, 2016: July 12, 2016: The third intermediate payment (15%) at the time of November 12, 2016: The fourth intermediate payment (10%) at the time of November 12, 2017: The balance (30%) on May 12, 2017 at the time of designating occupancy: Article 2 (Cancellation of Contracts)(1) A may be rescinded if “B” commits any of the following acts:
(2) “B” may cancel this contract on its own in the event of the circumstances of assets.
Provided, That it shall be limited to cases where "A" is recognized after the part payments are paid at one time.
(3) “B” may cancel this contract if it is impossible to complete the completion within three months from the date of completion of the project due to the reasons attributable to “A”.
Article 3 (Penalty) (2) This contract shall be concluded on the grounds falling under Article 2 (3).