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1. The Defendant’s KRW 18,632,040 as well as the Plaintiff’s annual rate from May 5, 2018 to July 6, 2020, and the following.
Reasons
1. Facts of recognition;
A. The Defendant is a company that newly constructs and sells a D hotel (hereinafter “instant hotel”) to be constructed in the Jeju City, and the company E concluded a trust contract with the Defendant for the management of sale in lots and for the management of funds, such as sales in lots and sales in lots.
B. (1) On June 29, 2015, F is a contract under which the Defendant and F will be supplied with KRW 186,320,400 with the total supply price of the hotel G of this case from the Defendant (hereinafter “instant supply contract”).
2) The Plaintiff paid down payment of KRW 18,632,040 out of the total supply amount. F is a sum of KRW 93,140,000 out of the total supply amount and KRW 93,140,000 from the total supply amount (hereinafter “H”).
(2) On July 22, 2015, H paid the above money to the Defendant by implementing the first intermediate payment of KRW 27,940,000 to F on July 22, 2015.
[2] The expected date of entry: Article 2 (Cancellation of Contracts) (3) B (Buyer-F) of the mid- March 2017 (if somewhat changed according to the process) may not move into within six months from the scheduled date of entry due to the reasons attributable to A (seller-Defendant).
Article 3 (Penalty) (2) When this contract is terminated for reasons falling under Article 2 (3), A shall pay 10% of the total amount of supply as penalty to B.
3. On September 19, 2015, the Plaintiff concluded a sales contract with F to acquire the status of a buyer of the instant hotel G from F, and the Plaintiff agreed to accept an intermediate payment loan contract with H, while concluding a sales contract with F to acquire the status of a buyer of the instant hotel G.
Accordingly, the defendant entered into a contract on the succession of the contractor's rights and obligations under the instant supply contract with F and F to the defendant, and H agreed to the takeover of the above intermediate payment loan contract by the plaintiff and agreed to the takeover of the above intermediate payment loan contract by the plaintiff.