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1. The Defendant (Counterclaim Plaintiff) paid KRW 386,088 to the Plaintiff (Counterclaim Defendant) and its related amount from July 8, 2017 to September 21, 2017.
Reasons
1. Basic facts common to the principal lawsuit and counterclaim;
A. D Co., Ltd. (hereinafter referred to as “D”) newly constructs and sells a F apartment (hereinafter referred to as “the apartment of this case”) which is an apartment of 3,000 households on the land of 34,000 square meters and over the Nam-gu, Busan, and 169,840 square meters on the land of 34,000 square meters, Nam-gu, Busan, and the Plaintiff is a contractor who received a contract for the construction of
B. On December 22, 2004, the Defendant entered into a sales contract with D with the following contents (hereinafter “instant sales contract”). Of the sales price, the Defendant agreed to pay the 1st down payment and the 10% or 15% of the sales price in installments: (i) the 1st down payment and the 10% or 15% of the sales price; and (ii) the intermediate payment shall be paid in installments on six occasions (10% or 65% of the sales price, and 10% of the 60% or 65% of the sales price, and 10% of the 65% of the sales price and 15% of the remainder shall be divided into five and 15%) and (iii) the remainder shall be paid at the time of occupancy.
On the other hand, on December 22, 2004, the Defendant entered into a balcony options contract with the Plaintiff for the instant apartment in KRW 28,00,000, and KRW 5,237,000, respectively. The main parts relating to the instant case are as follows.
[The sales contract in this case] The implementer D refers to "A", and the purchaser "B" refers to the purchaser "B," and the apartment supply contract between Gap and Eul is concluded as follows.
Article 1 (Supply Prices and Payment Methods)
3. The total sum of 50% of the total sales amount, including 10% of the down payment for the second and fourth intermediate payments, and 10% of the total sales amount, is the interest payment system in which the Party A mediates the loans to Party B and pays the remainder and the interest on the loans when the Party B moved into.
4. Interest from an intermediate payment to be loaned shall be paid by Party A, and the period shall be until the commencement date of designation of occupancy.
Article 2 (Cancellation of Contracts)
1. If A commits any of the following acts, A shall be notified to B: