기타(금전)
1. The Defendant’s KRW 13,803,951 as well as the Plaintiff’s annual rate from March 10, 2013 to September 18, 2018.
1. Facts of recognition;
A. The Plaintiff, who entered into a sales contract, was engaged in the construction and sale of new apartment in Seo-gu, Incheon Metropolitan City, but adjusted the sale price, conditions of sale, etc. to the extent that the apartment was not properly sold, and sold again.
In the process, on November 2, 2009, the Plaintiff entered into a sales contract with the Defendant for sale in lots with the amount of KRW 523,00,000, down payment of KRW 26,150,000, intermediate payment of KRW 52,30,000, and KRW 52,30,000, respectively, on three occasions (on December 15, 2009, April 15, 2010; August 16, 2010), the remainder of KRW 339,950,00. The provisions relating to the above sales contract in this case are as follows.
Where the buyer pays the intermediate payment with the loan funds under the preceding paragraph at a bank designated by the seller, the seller shall pay the interest on the loan funds of the buyer in lieu of the buyer from the date on which the loan is marked to the first day before the date on which the seller designates the occupancy, and the buyer shall pay the interest paid by the seller to the seller.
(Article 6(2) of the Parcelling-Out Contract: The buyer may cancel the contract by himself in case of his own circumstances.
However, even if an intermediate payment is paid once, it shall be limited to cases recognized by the seller.
(Article 2(2) of the Sales Agreement; (1) When the contract is terminated for reasons falling under any subparagraph of Article 2(1) and Article 2(2), 10% of the total amount of the sale price shall be reverted to the seller as a penalty.
(Article 3(1)(3)(1) of the Parcelling-Out Contract shall be refunded to the buyer in addition to interest of 2% per annum on the remaining price after the buyer deducts the penalty from the already paid price, and in the case of paragraph (2), the seller shall refund to the buyer 2% interest per annum on the price from the date the buyer received the already paid price to the date of return.
(Article 3(3)(4) of the Parcelling-Out Contract.