양수금
1. Of the judgment of the first instance, the part concerning Defendant B, C, D, E, F, G, and I shall be modified as follows:
The plaintiff 1.
1. The court's explanation on this part of the facts is identical to the defendants' corresponding part of Paragraph 1 of Article 420 of the Civil Procedure Act. Thus, the court's explanation on this part is acceptable in accordance with the main sentence of Article 420
An abbreviationd name set forth in paragraph (1) of the judgment of the first instance shall be used below the same as it is.
2. Since the Plaintiff did not appeal the claim for the overdue charge of each sale price against the Defendant B and F with respect to the claim for the penalty and the interest on the substitute payment with respect to the Defendant B and F, the part of the claim is excluded from the scope of the trial at the trial at the trial.
This is also applicable to claims filed against the remaining Defendants, as seen in paragraph (3).
1) Determination on the cause of the claim 1) Defendant B, the Plaintiff, and the Plaintiff: ① penalty of KRW 36,000,000 following the cancellation of the apartment sale contract in this case (total supply amount of KRW 360,00,000 x 10%) calculated by deducting KRW 5,00,000 for one-time contract deposit directly paid by the principal, and ② the amount equivalent to the part payment interest loan and support amount for the part payment (hereinafter “claim equivalent to the interest on the part payment”).
(2) Defendant F is obligated to pay to the Plaintiff damages for delay calculated at the rate of 6% per annum under the Commercial Act from November 22, 2013 to February 25, 2016, which is the service date of the original copy of the instant payment order, and 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc. from the following day to the day of full payment. (2) Defendant F is obligated to pay the Plaintiff penalty of KRW 39,100,000 (total supply amount of KRW 391,00,000 x 10,000,000 x 10,000 won paid directly by the Plaintiff after the cancellation of the apartment sale contract in this case) and the amount of KRW 39,100,000,000,000, which is the total amount of KRW 29,200,000,000 and KRW 10,0039,297.27.