Text
1. The Defendant: (a) KRW 13,400,000 for the Plaintiff and 5% per annum from July 24, 2015 to April 19, 2018; and (b) the Plaintiff.
Reasons
1. Basic facts
A. On July 24, 2015, the Defendant, a company engaged in real estate development and consulting business, entered into a sales contract (hereinafter referred to as “sale contract in this case”) with the Plaintiff, the buyer, and the Plaintiff, the buyer of Ansan-si, which entered into a sales contract with the total supply cost of KRW 335 million (the contract amount of KRW 33.5 million, the remainder of KRW 3.5 million, and the contract amount of KRW 3.1.5 million, the remainder of the contract amount of KRW 3.5 million, within 30 million, and the expected date of the sales contract, within 30 days from the date of the full payment of the supply price) (hereinafter referred to as “instant sales contract”).
B. The content of the instant sales contract is as follows.
Article 2 (Cancellation of Contracts) (1) A (referring to the defendant) may cancel this contract in cases where B (referring to the plaintiff) has committed an act falling under any of the following subparagraphs after peremptory notice.
1. Where the intermediate payment and the balance are not paid within two months from the agreed date.
However, it shall be limited to cases where A recognizes after the part payments are paid.
(3) B may cancel this contract where it is impossible to move into a house within three months from the scheduled date for entering the house due to any cause attributable to A.
Article 3 (Penalties) (1) When this contract is terminated for reasons falling under any subparagraph of Article 2 (1) and Article 2 (2), 10% of the total amount of the supply price shall be reverted to Company A as penalty.
(2) Where this contract is terminated for reasons falling under Article 2 (3), A shall pay to B 10% of the total supply price as penalty.
C. The Plaintiff paid 33.5 million won as down payment to the Defendant on the date of the instant sales contract.
[Ground of recognition] Facts without dispute, entry of Gap 1 to 3 evidence, purport of the whole pleadings
2. Determination on the cause of the claim
A. At the time of entering into the instant sales contract by the Plaintiff, the Defendant can pass the instant commercial building on the side of No. 308 122 and the same side of No. 108.