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1. The defendant shall pay to the plaintiff KRW 18,929,080 as well as 5% per annum from January 7, 2020 to February 25, 2021.
Reasons
1. Basic facts
A. The Defendant is a company that newly built and sold the E hotel on the Busan Shipping Daegu C and D ground (hereinafter “instant hotel”), and the Plaintiff is the multiple minutes of the instant hotel.
B. On February 15, 2017, the Plaintiff entered into a contract with the Defendant for sale in lots of KRW 189,290,800 among the hotel of this case (hereinafter “instant supply contract”) and paid KRW 18,930,000 to the Defendant for the intermediate payment between February 27, 2019 and February 27, 2019.
2) The main contents of the instant supply contract are as follows (the “A” refers to the Defendant of the seller, the “B” refers to the Plaintiff of the seller, and the “B” refers to the Plaintiff of the seller: The scheduled date of entry: April 2019 (the scheduled date of entry may be somewhat modified according to the use and inspection process, and the accurate date of entry and the remaining payment date shall be later notified).
Article 2 2 【A” shall pay late payment charges in accordance with the following table where the payment of the intermediate payment and the balance has been delayed.
Provided, That the period of arrears shall be calculated from the date following the date of the designation of the remainder after completion.
(Attachment omitted) (4) If “A” is unable to move into “B” on the date of commencement of the occupancy under this Agreement, the amount calculated by applying the interest rate of 15% per annum as set forth in this Article to “B” the down payment and intermediate payment already paid shall be paid as delayed prize or deducted from the balance of the purchase price.
Provided, That "A" shall be excluded from the amount subject to calculation even if the amount of intermediate payments and "B" that this loan has been paid to the person and the amount in arrears has been unpaid or overdue.
(5) Where approval for use (construction completion) is delayed due to force majeure, such as an administrative order, which is not a natural disaster or a cause attributable to “A”, “A” shall be deemed “B”.