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1. The Defendant’s KRW 115,018,280 as well as 5% per annum from October 8, 2014 to January 20, 2016 to the Plaintiff.
Reasons
1. Basic facts
A. On July 11, 2008, the Defendant entered into the instant sales contract with the Korea Asset Trust Co., Ltd. (hereinafter “Korea Asset Trust”), whereby the Defendant would purchase KRW 489,00,000 from the Korea Asset Trust to the sale price of KRW 489,00,00, among G apartment located in the Koyang-gu Fildong-gu, Busan Metropolitan Government (hereinafter “instant apartment”) located in the Goyang-gu, Busan Metropolitan City. The Defendant paid KRW 10,000 on the same day.
Article 2(3) The monthly interest repayment interest rate to be borne by “B” in relation to a loan agreement after late payment of interest on the part payment (hereinafter “B”) shall be paid on behalf of “A” (hereinafter “A”), and “B” shall be paid to “A” separately from the amount of supply prescribed in Article 1 at the time of occupancy. The base date for the interest on the loan shall be the first date designated by “A”, and “B” shall be borne by “B” after the base date, on the basis of the first date of the designation of occupancy. In addition, where “B” is not settled at the time of occupancy of the interest on the part payment loan in lieu of “A”, “B” may restrict the occupancy of “B”, and “B” may not arbitrarily cancel the contract that has paid the part payment through a loan agreement after late payment of interest on the part payment.
Provided, That where a contract is terminated inevitably under the recognition of "A", the loan interest rate of "B" that has already been paid by "A" by the date of request for the cancellation of the contract shall be repaid in full to "B".
9) Where this contract is terminated, “A” shall be appropriated for the principal and interest of a parcelling-out loan applied by “B” to “B” as the parcelling-out price to be returned to “B”, for the penalty against “B” to “B” and for other incidental claims (such as overdue charge, loan interest borne by “A” on behalf of “B”) and shall be returned to “B” and where short, it shall be repaid to “A”.