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Defendant B Co., Ltd. shall pay to the Plaintiff KRW 22,852,089 and KRW 20,570,70 among them, from February 29, 2020.
Reasons
1. Basic facts
A. On January 2016, the Plaintiff entered into a sales contract with Defendant B Co., Ltd. (hereinafter “Defendant B”) for the sales price (including value-added tax) KRW 205,707,00 with respect to the sales price (hereinafter “instant building”) G as to the instant building E and F (hereinafter “instant sales contract”).
B. Defendant C Co., Ltd. (hereinafter “Defendant C”) concluded a trust contract and an agent contract with Defendant B, a company established for the purpose of trust and related affairs of land and its fixtures, which is entrusted with the affairs of sale management of the building of this case by Defendant B, and which the buyers including the Plaintiff, receive and manage the sales price in lieu of the sales price paid to the Defendant B.
C. At the time of the conclusion of the instant sales contract, the Plaintiff paid the down payment of KRW 20,570,70 of the sales price, and the intermediate payment of KRW 143,994,900 was granted loans from financial institutions arranged by Defendant B.
The scheduled date of occupancy under the instant sales contract was around December 2018, but the instant building was not completed even after several months passed thereafter.
Accordingly, the Plaintiff and Defendant B, upon the cancellation of the instant sales contract on July 25, 2019, concluded the agreement and concluded that Defendant B returned KRW 20,570,700 to the Plaintiff within one month from the date of designation of occupancy, and repaid the Plaintiff’s intermediate payment instead of the Plaintiff’s intermediate payment and bear the interest on the loan accrued until that time (hereinafter “instant contract termination agreement”).
E. The Defendant obtained the approval of the use of the instant building around November 2019.
F. The Plaintiff paid a total of KRW 2,281,389 on February 7, 2020, KRW 684,56 on March 6, 2020, KRW 439,066 on April 4, 2020, and KRW 2,281,389 on May 424, 2020, and around June 202, the new buyer of the instant building G from the Plaintiff.