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1. The Defendant’s KRW 32,170,60, and the Plaintiff’s annual rate of KRW 5% from April 26, 2014 to September 16, 2015.
Reasons
1. Facts of recognition;
A. On March 5, 2011, the Plaintiff and the Defendant concluded a sales contract with respect to housing located in Suwon-gu, Suwon-gu, Suwon-gu, Seoul (hereinafter “instant building”), which is still prior to completion, and agreed to pay the sales amount of KRW 930 million on the contractual date, and the intermediate payment of KRW 10 million on March 7, 201 and the intermediate payment of KRW 915 million on April 18, 201 (hereinafter “instant sales contract”).
B. Meanwhile, the Plaintiff and the Defendant agreed to collect the rental deposit of the instant building in total of KRW 755 million, and the Plaintiff, a seller, to inquire about the rental deposit of KRW 7550 million. The Defendant agreed to pay the remainder of the rental deposit of KRW 7550 million, excluding the above rental deposit of KRW 7550 million, and to succeed to the obligation to refund the rental deposit of KRW 7550 million. In addition, the second floor of the instant building was completed with the neighborhood living facilities, but the second floor of the instant building was completed with the construction of the neighborhood living facilities, but the second floor of the instant building was altered to 1 and 3 studio. The second floor of the instant building was extended to 1 room, and the water tank of the rooftop was remodeled to 1 room, and the Plaintiff provided a fine for negligence only once if it was discovered as an illegal building. The Plaintiff agreed to repair the remainder of the construction of the instant building for 1 year thereafter.
C. However, until April 18, 201, the outstanding payment date stipulated in the instant sales contract, the Plaintiff leased part of the instant building and received a total of KRW 400 million, and partly appropriated for KRW 750 million,00,000,000 from among the instant buildings until then, KRW 201 (Deposit 45 million), KRW 202 (Deposit 95 million), KRW 203 (Deposit 45 million), and KRW 50,000,00 in total (Deposit 14,50,000), and KRW 355,50,000,000,000 in total (Deposit 35,000,000) from among the instant buildings, the Plaintiff and the Defendant confirmed the amount on the day of the instant building.