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1. The defendant,
A. As to KRW 121,60,000 among Plaintiff A and KRW 106,400,000 among them, from April 20, 2016 to September 7, 2017.
Reasons
1. Facts of recognition;
A. The Defendant is a juristic person established on August 22, 2014 for the purpose of the construction business and the hotel operation business, and the Defendant newly constructed a building of “F” hotel on the land outside Seopo-si, E (hereinafter “instant hotel”) and sells it to each guest room, and at the same time signed an entrusted operation contract with the buyer, operates the instant hotel at the present building.
B. On November 20, 2014, Plaintiff A entered into a contract with the Defendant to purchase KRW 152,00,000 for the hotel room 534 from the Defendant.
The main contents of the contract relating to the issue of the instant case are as follows.
The scheduled date of occupancy: Article 2 (Supply Amount and Payment Method) (1) (1) The total supplied amount of KRW 152,00,000,000 on September 30, 2016; (2) The contract for the remainder of the payment schedule and the down payment to be paid and the down payment to be paid, on December 20, 2014, on December 20, 2015, as of August 20, 2015, on December 20, 2015, on December 20, 20, 2015, on April 20, 20, 2016; (3) the contract may be rescinded for the following reasons:
3. Where the occupancy has been delayed for more than three months from the date scheduled for the initial occupancy due to a cause attributable to Party A: Provided, That where the occupancy has been delayed due to an unavoidable cause, such as natural disaster, etc., Party B shall not request Party A to terminate or cancel this contract.
Article 12 (Penalty and Refund) (3) Where a contract is terminated due to the reasons under Article 11 (3), A shall pay 10% of the total purchase price to B as penalty.
B) Plaintiff A paid KRW 106,400,000 in total as down payment and intermediate payment to the Defendant from November 10, 2014 to April 20, 2016 in the said sales contract. Meanwhile, Plaintiff A entered into the said sales contract with the Defendant on November 10, 2014, respectively.