beta
Text
1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
Reasons
1. In the first instance court, the Plaintiff filed a claim for the penalty for apartment sales contract with the Defendants, the payment of the intermediate payment interest for which the Plaintiff subrogated or acquired by subrogation, and the claim for reimbursement related to the substitute payment for management expenses. The first instance court accepted the Plaintiff’s claim for penalty and intermediate payment and the claim for reimbursement for the remainder of the claimant’s management expenses, and dismissed the claim for reimbursement related to the substitute payment.
In this regard, the Defendants filed an appeal only against the Defendants in the judgment of the court of first instance, and thus, the subject of the judgment of this court is limited to the part of the Plaintiff’s claim for penalty and intermediate payment and the claim for reimbursement related thereto.
2. Basic facts
A. 1) The Plaintiff entered into an apartment supply contract. The Plaintiff is a Y Co., Ltd. (hereinafter “Y”) only.
(2) On March 2, 2009, the Plaintiff entered into an apartment supply contract with the Defendants with the content that the Plaintiff shall supply the said apartment unit to the Defendants for KRW 54,880,000 (hereinafter “instant apartment”) with the supply price of KRW 554,80,00 (hereinafter “instant apartment”). The main contents of the contract are as follows.
Article 1 (Methods for Payment of Sale Price)
1. The payment method of the first part of the part payments carried over on May 25, 2008 and the second part of the part payments carried over on October 25, 2008 with the remainder on October 25, 2008: 55,480,000 the fourth part payment carried over on March 25, 2009; and 305,480,000 the last part payment carried over with the remainder on August 25, 2009;
3. The Defendants should implement the following matters in cases where part of the supply price under paragraph (1) is appropriated with the loans of financial institutions arranged by the Plaintiff.
③ Interest on intermediate payments (within 40%) by financial institutions arranged by the Plaintiff to the Defendants is interest.