매매대금반환
1. The Plaintiff (Counterclaim Defendant) filed a claim against the Defendant (Counterclaim Plaintiff) Co., Ltd. for KRW 210,949,606 and its related amount from October 31, 2018.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. 1) On June 14, 2016, the Plaintiff concluded a contract for the supply of neighborhood living facilities, etc., and the Defendants and the Eunpyeong-gu Seoul Metropolitan Government Dab block 1-E (hereinafter “instant shopping mall”).
As to the seller and the entrusted executor, Defendant B Co., Ltd. (hereinafter “Defendant B”).
2) Defendant C Co., Ltd. (hereinafter “Defendant C”)
(2) The sales price shall be KRW 500,386,70 (including value-added tax), but the down payment shall be KRW 50,038,670 on the contractual day, KRW 50,038,670 on the first intermediate payment, KRW 50,038,670 on July 15, 2016; KRW 50,038,670 on the second intermediate payment, until October 12, 2016; KRW 50,038,670 on the third intermediate payment, until May 10, 2017; KRW 50,038,670 on the fourth intermediate payment, until October 11, 201 of the same year; and KRW 250,193,350 on the supply of neighborhood living facilities (hereinafter “instant supply contract”).
2) The Plaintiff paid 50,193,350 won in total as the down payment under the instant supply contract and the first or fourth intermediate payment (i.e., KRW 50,038,670 in the first intermediate payment of KRW 50,038,670 in the second intermediate payment of KRW 50,038,670 in the second intermediate payment of KRW 50,038,670 in the second intermediate payment of KRW 50,038,670 in the second intermediate payment of KRW 50,038,670 in the fourth intermediate payment of KRW 50,038,6
3) The contents pertaining to this case in the supply contract of this case are as follows. The contract of this case (1) In a case where the Plaintiff committed an act falling under any of the following subparagraphs, Defendant B may rescind this contract after peremptory notice, if not performed:
2. Where the balance is not paid within three months from the commencement date of occupancy.
3. In a case where a loan is arranged by Defendant C’s guarantee, and the Plaintiff’s payment of interest, etc. was not made by a financial institution, and the Defendants failed to pay the interest, etc. to Defendant C, when the financial institution failed to pay the relevant interest, interest, etc. to the Plaintiff even if the period of grace is set more than 14 days and not less than twice, even if the period of grace has expired.