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1. The Defendant: (a) KRW 237,018,042 for Plaintiff A and KRW 203,038,042 for Plaintiff A; and (b) KRW 33,980,00 for Plaintiff A.
Reasons
Basic Facts
The Defendant sold accommodation facilities in lots to a company with the purpose of real estate execution and agency business, hotel operation business, etc., and accommodation facilities under the name of F G on the F in Seogpo-si, Seopopo-si (hereinafter “instant hotel”).
From the conclusion of the sales contract between the plaintiffs and the defendant, the plaintiff Eul was sold in lots at the hotel H, I, and B of this case to 169,90,000 won, respectively, and the plaintiff C of this case to 169,90,000 won, the plaintiff Eul of this case to 162,70,000 won, and the plaintiff D of this case to 164,50,000 won, respectively.
Article 11 (Cancellation of Contracts) (3) The plaintiffs may cancel this contract for the following reasons: (1) during October 2017 (the scheduled date of occupancy may be changed according to the process, and the accurate date of occupancy may be later notified).
3. Where the occupancy is delayed for more than three months from the date on which the initial occupancy is scheduled due to a cause attributable to the defendant, Article 12 (Penalty and Refund) (3) Where the contract is rescinded due to a cause under Article 11 (3), the defendant shall pay 10% of the total purchase price to the
Article 17 (Loans.)- When an intermediate payment is available, the plaintiffs agree to pay the intermediate payment directly to the designated account at the lending bank on the date of the agreed intermediate payment when the plaintiffs receive a loan from the lending financial institution arranged by the defendant and pay the intermediate payment.
④ The Defendant bears the Defendant’s interest on loans for intermediate payments that are substituted by the Plaintiffs’ application for loans by arranging part payments loans (one to five installments in mid-term).
Details are as follows:
The Plaintiffs paid part payments and the completion of the hotel of this case by receiving loans from loan financial institutions arranged by the Defendant pursuant to Article 17(2) of the sales contract of this case, and the Defendant paid part payments to the Defendant, instead of the Plaintiffs, pursuant to Article 17(4) of the above sales contract.