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1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked and above.
Reasons
1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance other than the following Paragraph (2). Thus, this part of the reasoning of the judgment of the court of first instance is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Section 5-3-6 of the judgment of the court of first instance on the parts written by the court below are as follows.
(f) The sum of interest at the rate of 36,320,46 per annum from the date the Plaintiff received the first to the sixth intermediate payment to the Defendant pursuant to the instant contract for sale in lots, namely, the interest at the rate of 36,320,46 of the first to the June 25, 2014. The amount of interest at the 65,10,000 first intermediate payment at the 65,100, 3658, 363, 1202, 65, 65, 120, 120, 30, 306, 365, 205, 206, 206, 360, 360, 346, 365, 205, 205, 360, 366, 365, 365, 365, 105, 1636, 1965, 2016
According to the facts of recognition as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the interest on the intermediate payment and the subrogated payment amount of KRW 75,579,247, and on the other hand, the Plaintiff is obligated to return the interest on KRW 36,320,446 calculated at the rate of 3% per annum pursuant to Article 4(3) of the instant sales contract as to the intermediate payment already paid to the Defendant following the cancellation of the instant sales contract. Ultimately, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the remainder interest payment of KRW 39,258,801 (=75,579,247 - KRW 36,320,446) and the statutory interest and delay damages from June 25, 2014 as the date of subrogation.