beta
Text
1. The Plaintiff; Defendant B’s KRW 15,057,123; and Defendant C’s KRW 14,358,903 from December 21, 2012; and Defendant C’s KRW 14,358,903.
Reasons
1. Facts of recognition;
A. The Defendants entered into a contract with the Plaintiff to purchase the Seo-gu Incheon Metropolitan apartment (hereinafter “instant apartment”) newly constructed and sold between the Plaintiff and the Plaintiff (hereinafter “instant apartment sales contract”) and paid the down payment on the day of the contract.
D on June 30, 2008, the down payment of the same subparagraph as the contract date entered into by the Defendant, KRW 33,300,000 on June 104, 2008, KRW 343,000,000 on May 106, 2008, KRW 34,300,000 on January 205, 2008, KRW 34,300,000 on September 24, 2009, KRW 33,300,000 on September 105, 200, KRW 201,30,000 on September 20, 200, KRW 106, KRW 343,343,00 on May 101, 3400,000 on May 34, 300, KRW 3000.
B. The main contents of the instant sales contract are as follows.
(A) In the instant sales contract, “A” and “B” refer to the Defendants. Of the sales price, the remaining payment period for the remainder is the period for designating occupancy that the Plaintiff subsequently designates). Article 2 (Cancellation of Contracts)(1) of the instant sales contract provides that “A” shall perform any of the following acts, after giving notice, the contract may be rescinded if there is no implementation.
(2) When the balance under Article 1 is not paid within three months from the date of agreement, when the contract is cancelled for reasons falling under any subparagraph of Article 3 (1) and Article 2 (2), 10% of the total sale price shall revert to A as penalty for breach of contract.
(3) In the case of paragraph (1), A shall pay B a 2% interest per annum on the remainder after deducting penalty from the price already paid by B (Provided, That in the case of paragraph (1)(5) and (6) of Article 2, the principal shall be returned only after the penalty is deducted), and in the case of paragraph (2), A shall pay B a 2% interest per annum on the remainder after deducting penalty from the price already paid by B from the date of receipt to the date of return.
(4) In the event this contract is terminated, where a loan from a financial institution Gap or Eul is extended according to the guarantee by the Corporation Eul, Eul shall pay the principal and interest of the loan in full to the financial institution on behalf of Eul.