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1. The Defendant’s KRW 31,058,830 as well as the Plaintiff’s annual rate from December 4, 2012 to June 24, 2016, and the following.
Reasons
1. The allegations and judgment of the parties
(a)as shown in the separate reasons for application for indication of the claim and in the briefs;
(However, ‘creditor' is considered as ‘Plaintiff' and ‘debtor' as ‘Defendant'). 【No dispute exists, the entry of evidence No. 1 to No. 6 and the purport of the whole pleadings.
B. The defendant's assertion 1) As to this, the defendant is the plaintiff or the execution agent company, Y Co., Ltd. (hereinafter "Y").
(2) The Plaintiff or Y entered into the instant apartment sales contract with false or exaggerated advertising. On December 30, 2010, the notice of the cancellation of the sales contract was given on December 30, 2010, and Y did not raise any objection thereto, and thus, the Plaintiff’s claim cannot be complied with. 2) First of all, it is insufficient to recognize that the Plaintiff or Y, in the process of entering into the instant sales contract, was an act of false notice to the extent that it would be criticized in light of the general commercial practices and the good faith and good faith principle, or an exaggerated advertisement that could undermine fair trade order.
3. Meanwhile, according to the statement in Eul evidence No. 1, although it is found that the defendant sent a certificate of the content that the contract in this case was terminated on December 31, 2010 on the grounds of the significant change of structure and the expiration of the construction work and the alteration of the expiration date, there is no evidence to prove that the plaintiff failed to perform the important terms of the contract by changing the important structure and expiration of the apartment without the consent of the seller.
In addition, comprehensively taking account of each of the statements in subparagraphs 3 through 5 above, the Plaintiff can only recognize the fact that the Plaintiff sent to the Defendant a notice of assignment of claims to the effect that he/she transferred his/her claim for reimbursement against the Defendant to the Plaintiff on November 16, 2012, and that he/she sent the notice of assignment of claims to the Plaintiff on December 28, 2012.