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The plaintiff's appeal is dismissed.
Expenses for appeal shall be borne by the plaintiff.
Purport of claim and appeal
The judgment of the first instance.
Reasons
1. Facts of recognition;
A. On January 22, 2014, the Plaintiff is running a business (hereinafter “instant business”) of newly constructing and selling a hotel on the Busan Shipping Daegu D and E land (hereinafter “instant hotel”) from June 2013 to the company established for the purpose of selling the relevant goods by proxy, managing buildings, developing real estate, etc.
B. On October 5, 2015, the Plaintiff entered into an agreement with the Defendant on the payment of the sale price and the profits (hereinafter “instant agreement”) with regard to the number of rooms totaling 10,00,00 of F, G, H, I, J, K, L, M, N, N, andO among the instant hotel (hereinafter “each of the instant units”) as KRW 90,000,000 (each of the parcelling-out prices was KRW 90,00,000), and the main contents of the instant agreement are as follows.
An agreement on the payment of the sale price and profits;
6. (Scheduled Date of Commencement: The scheduled date of commencement of works: October 30, 2015; and the scheduled date of issuance of a hotel sale permit on October 7, 2015: The scheduled date of completion of works on October 26, 2015;
9. Sale amount: Provision as the sale price (based on the indication of the object of sale) discounted at the normal sale price for each unit of sale;
(a) Interest rate: 8%;
(b) Payment guarantee period: Ten years after completion;
(c) The return on investment shall be based on the normal selling price for each unit.
11. Time to pay earnings;
(a) The proceeds from five rooms, the sales price of which has been fully paid out of the total of 10 rooms for sellers, shall be paid by the implementing company 8% per annum from the month after the full payment of the price is made in lieu;
(b)a loan to five rooms scheduled to be extended shall be implemented by the executor before the completion of the loan and the seller shall bear the interest before the completion of the loan, and the proceeds to ten rooms shall be paid by the 8% per annum on the basis of the normal sale price for each unit after completion of the loan.
(c)the method of paying earnings must be paid in cash or CD by the tenth day of the following month after the end of each month.
12. The time of repayment of the remainder in lending.
(a)a loan to the total of 10 rooms sold in lots will be implemented by 50 per cent of the normal sale price;
B. Amount of full payment after loan execution 500,000.