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(영문) 수원지방법원 2018.11.01 2018가단522689
매매대금반환
Text

1. The Defendant shall pay to the Plaintiff KRW 161,920,000 and the interest rate of KRW 15% per annum from June 1, 2018 to the date of complete payment.

Reasons

1. Facts of recognition;

A. On November 30, 2015, the Plaintiff entered into a contract with the Defendant for the supply of profit-type hotel (hereinafter “instant contract”) with respect to the third floor A from among D hotel scheduled to be constructed in Seopo-si, Jeju Special Self-Governing Province (hereinafter “instant hotel”) as follows:

During October 2017, the scheduled date of occupancy (the scheduled date of occupancy may be changed according to the process, and the accurate date of occupancy may be later notified) supplied and payment method (Article 2), KRW 147,200,00 (the contract amount of KRW 14,720,000 shall be paid at the time of the contract, and the total intermediate payment of KRW 88,320,000 shall be paid at the time of the contract, and the outstanding payment shall be paid in five installments from January 20, 2016 to May 20, 2017, and the remainder of KRW 44,160,000 shall be paid at the time of occupancy) and the occupancy designation procedure (Article 5) shall be notified to the Plaintiff by 30 days prior to the commencement of designation of occupancy, and the period of designation of occupancy shall be 30 days from the date of approval for occupancy (including the date of approval for use and approval for provisional use).

(Article 5 Paragraph 1). Cancellation of the contract (Article 11) If the occupancy has been delayed for more than three months from the initial scheduled date of occupancy due to the defendant's fault, the plaintiff may rescind the contract.

(Article 11(3)3). Where the contract is rescinded due to the reasons under Article 11(3) of the Penalty and Refund (Article 12), the defendant shall pay 10% of the total sale price to the plaintiff as penalty.

(Article XII, Section 3). (b)

On November 22, 2015, prior to the conclusion of the instant contract, the Plaintiff paid KRW 14,720,000 to the Defendant a down payment of KRW 88,320,00 for intermediate payment around February 27, 2016, and KRW 44,160,000 for the remainder of January 29, 2018.

C. Meanwhile, the Defendant, the Plaintiff, and ① on September 26, 2017, the scheduled date of completion (approval for use) of the hotel of the instant case, is the order from October 2017 to the end of November, 11, 2017, and the period of payment for the remainder of sale.

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