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1. The Defendant’s KRW 892,258,200 among the Plaintiff and KRW 148,709,700 among the Plaintiff, shall be KRW 148,700 from November 11, 2015, and KRW 148,709,700.
Reasons
1. Basic facts
A. The Defendant is an executor of a business that newly constructs and sells a 7th underground floor, 18th ground floor, and 664 household officetels (hereinafter “instant officetel”) on the ground of Silung-si.
B. On November 11, 2015, the Plaintiff entered into a sales contract with the Defendant for each of the instant officetels, with the supply price of KRW 679,493,00 with respect to the instant officetel, and the supply price of KRW 807,604,00 with respect to the F (hereinafter “each of the instant sales contracts”).
The contents of each sales contract of this case relating to this case are as follows.
Article 3 (Cancellation of Contracts) (3) The plaintiff may cancel this contract if the tenant has been delayed for more than three months from the original tenant's scheduled date due to a cause attributable to the defendant, after giving two peremptory notice, if the tenant fails to perform the contract.
Provided, That this contract shall not be revoked if the sale price is delayed due to force majeure, such as an administrative order, which is not related to a natural disaster or the defendant's cause.
6. When the contract is terminated on the grounds falling under paragraph (3) of this Article, the defendant shall pay 10% of the total supplied amount to the plaintiff as penalty.
Items 148,709,70 E- 67,949,300 E- 67,760,760,400 E- 80,760 E- 80,760 E- 148,709,70 E- 67,949,300 E- 80,760,760 for the second intermediate payment on April 20, 2016, F- 80,70,709,700 E- 67,709,700 for the second intermediate payment on April 148, 2016, 67, 707, 707, 709, 7047, 709, 707, 709, 7407, 709, 307, 709, 7407, 709, 7407, 709, 7407, 70940
C. The Plaintiff paid the down payment and intermediate payment to the Defendant in accordance with each of the instant sales contracts as listed below:
The Plaintiff’s delay in the completion of the instant officetel on April 24, 2018.