beta
Text
1. The Defendant’s KRW 58,208,750 for the Plaintiff and KRW 20% per annum from August 1, 2015 to September 30, 2015.
Reasons
1. Basic facts
A. On February 16, 2010, Sungpo-si Construction Co., Ltd. (hereinafter “Plaintiff Co., Ltd”) concluded a sales contract with the Defendant and Kimpo-si Co., Ltd. (hereinafter “instant apartment”) on the following terms:
(hereinafter “instant sales contract”). B.
The Defendant paid the down payment of KRW 25,300,000 to the Plaintiff Company on the date of the conclusion of the instant sales contract, and received loans of KRW 200,000,000 from the Nonghyup Bank that entered into an agreement on the part payment loan business with the Plaintiff Company, and paid KRW 102,40,000 as part payments from the 102,40,000,000 from the 102,40,000,000 to the 302,40,000.
C. Subsequent to May 29, 201, the Plaintiff Company and the Defendant concluded a special agreement on the instant sales contract on May 29, 201, thereby reducing the amount equivalent to 10% of the total sales price at the time of the payment of the remainder, and ② the Plaintiff Company’s construction of balcony expansion without additional costs.
However, the Defendant failed to pay the remainder from September 7, 2012 to December 7, 2012, which was three months after the expiration date of the occupancy of the instant apartment, and the Plaintiff notified the Defendant of the cancellation of the instant sales contract on the ground that the remainder is unpaid.
E. On December 28, 2012, the Plaintiff Company cancelled the instant sales contract, and on December 28, 2012, on the part of the Defendant’s Nonghyup Bank and Kaman Savings Bank, the intermediate payment obligations against the Defendant’s Nonghyup Bank, KRW 41,757,271 (i.e., Nonghyup Bank’s KRW 13,789,540) on behalf of the Plaintiff Company in the position of joint and several surety (i.e., KRW 27,9
F. Of the instant sales contract, the part on settlement relation due to cancellation is as follows.
Article 4 (1) Where this contract is rescinded due to reasons falling under Article 3 (1) 1 through 4 and Article 3 (2), 10% of the total amount of the supply price shall be reverted to "A" (the plaintiff company; hereinafter the same shall apply) as penalty for breach of contract.
(2) In the case of paragraph (3) of this Article, the Defendant “B”, and