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1. As to KRW 47,611,647 and KRW 39,361,174 among the Plaintiff, the Defendant shall start from March 7, 2013 to April 25, 2018.
Reasons
1. Basic facts
A. On October 19, 2009, the Defendant entered into a supply contract with the Plaintiff on the following terms: (a) Seo-gu Incheon, Seo-gu, Incheon, and D apartment E (hereinafter “instant apartment”); (b) KRW 508,000,000; (c) purchased the apartment in lots (hereinafter “instant sales contract”).
Article 2 (Cancellation of Contract) (1) of the Act on the Payment and Payment of 30,200,000,800 - 50,800,800,800 once every six times every five times in the event of the remainder of the down payment of the down payment of the down payment of the down payment of the contract - Article 2 (2) (1) of the Act on the Payment and Payment of 330,200,200,000 for the defendant's act falling under any of the following subparagraphs, the contract may be rescinded if it is not performed after the peremptory notice:
(2) When the balance under Article 1 is not paid within three months from the agreed date, if this contract is cancelled for reasons falling under each subparagraph of Article 2 (1) and Article 2 (2), 10% of the total sale price shall revert to the plaintiff as penalty for breach of contract.
(3) In the case of paragraph (1), the Plaintiff shall pay to the Defendant the remainder after deducting the penalty from the amount already paid by the Defendant, plus 2% interest per annum.
(4) Where this contract is terminated, where the Defendant has obtained a loan from a financial institution due to the guarantee of the Plaintiff or the Si Corporation, the Defendant reimburses the principal and interest of the loan (including the total amount of the loan that the Plaintiff paid to the financial institution on behalf of the Defendant) to the Plaintiff and the lending institution, and the Plaintiff refunds the balance after deducting the principal and interest of the loan and the penalty from the sale price
Article 6(2) (Payment of the intermediate payment) (2) In case where the Plaintiff paid the intermediate payment from the bank designated by the Plaintiff with the loan funds as provided for in the preceding paragraph, the Plaintiff shall pay the interest on the Defendant’s loan funds in lieu of the first day before the date designated by the Plaintiff from the record date of the loan to the first day of the designation date of occupancy.