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1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) amounting to KRW 85,299,680 and its amount from May 1, 2015 to September 7, 2016.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. On March 9, 2009, the Plaintiff entered into a housing sale contract and a supply contract for balcony expansion construction with the Defendant for the Incheon D apartment E-dong (former alteration to F-dong) G (hereinafter “the apartment of this case”).
(hereinafter referred to as the "sale contract in this case" and the "balconsect expansion contract" are added to the sales contract in this case.
- Housing sale contract - Article 1 560,310,00 won - In the event that the person (Defendant) uses the financial institution designated by Article 2 (Methods for Payment of Selling Price) and the person (Defendant) pays the intermediate payment with loans, the loan interest rate between the loan and the loan interest accrued from the date of the execution of the intermediate payment loan and the loan interest accrued from the date of the intermediate payment loan to the first time prior to the designated date of the occupancy designation period designated by Party A shall be paid by Party A on behalf of the person (Defendant) and the borrower
(v) A shall pay A the amount equivalent to the loan interest that A has paid in lieu of pursuant to paragraph (4) within the period of occupancy designation designated by A in accordance with the contract for sale and purchase, and if it is not repaid within the period of time, the overdue provisions of paragraph (3) of Article VII shall apply.
The provisions on separate discount rates shall not apply to advance payment.
Article 3 (Cancellation of Contract) (i) A may rescind this contract even after the peremptory notice has been given when it has committed any of the following acts:
(2) Where the balance does not be paid within three months from the date of the agreement (the date of termination of the designation of occupancy). (3) In cases where Article 2(1) and (2) of this Act fails to pay the interest on the interest on the part of an intermediate payment he/she has paid pursuant to Article 2(1), within three months from the date of the agreement (the date of termination of the designation of occupancy), Article 4 / [ penalty] (i) where the contract is terminated on the grounds falling under Article
In such cases, the penalty shall be the down payment which has been paid.