위약금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
3. The order of the judgment of the court of first instance in accordance with paragraph 1 of this Article.
1. Revocation of a contract under Article 2 of the facts of recognition (1) The plaintiff may cancel the contract after giving a peremptory notice when the defendant committed any of the following acts:
A. 6: Where the loan institution makes a claim for the refund of the purchase price by subrogation to the plaintiff or the city corporation due to a cause attributable to the defendant after the defendant received the loan from the loan institution as a loan agreement by the plaintiff, if the defendant is unable to resolve the cause of subrogation by the defendant at least twice, even if the plaintiff has set a grace period of not less than 14 days, the penalty under Article 3 (1) (1) where the contract is cancelled due to a cause falling under Article 2
(5) Where this contract is terminated, where a defendant has loans from a financial institution pursuant to a guarantee (loan Agreement) by the plaintiff or the Corporation, the defendant shall reimburse the plaintiff and the lending institution for the principal and interest of the loan (where this contract is terminated on the grounds falling under any subparagraph of Article 2 (1), including the total amount of the loan interest paid by the plaintiff to the lending institution on behalf
(A)
On December 12, 2017, the Defendant entered into a supply contract (hereinafter “instant supply contract”) with the Plaintiff to purchase D apartment units E, which is scheduled to be newly built on the ground of Jeju City, KRW 208,90,000 (hereinafter “instant apartment units”). The main contents of the said contract are as follows.
(c).
The Defendant paid 10,000,000 won to the Plaintiff according to the above supply contract, and received an intermediate payment from the Financial Cooperative, which is the Plaintiff’s loan agreement institution, for the payment of intermediate payment.
C. Although the maturity date of the above intermediate payment loan has expired, the Defendant was unable to repay the loan to the FF association. Accordingly, the Plaintiff urged the Defendant to pay the principal and interest of the loan on October 15, 2018 and on October 25, 2018.
On November 12, 2018, the Plaintiff included interest or delay damages in total amount of KRW 4,725,560.