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1. The plaintiff's primary claim and the conjunctive claim are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On January 21, 2008, the Plaintiff entered into an apartment supply contract with the Defendant and the said apartment E (hereinafter “instant apartment”) with a view to supplying KRW 572,700,000 (hereinafter “instant apartment contract”). The main contents of the contract are as follows: (a) the Defendant entered into an apartment supply contract with C (hereinafter “instant apartment contract”); and (b) the Plaintiff entered into an apartment supply contract with the Defendant and the said apartment E (hereinafter “instant apartment”) with the supply price of KRW 572,70,000,000.
The scheduled date of occupancy: The first payment date under Article 1 (Methods for Payment of Purchase Price) of the first part of the part payment scheduled in December 2010, May 25, 2008; 57,270,000 the third part of the part payment on October 25, 2008; 57,270,000 the part payment on March 25, 2009; 57,270,000 the part payment of the second part of the part payment on March 25, 2009; 57,270,000 the part payment of the second part of the part payment on August 25, 2010; 57,270,0006 the part payment of the part payment of the second part of the part payment on June 25, 2010; 10,81,000,000 the remaining part payment date of the part payment;
3. Where part of the supply price under paragraph (1) is appropriated by a financial institution arranged by a seller, the purchaser shall implement the following matters:
(3) Any interest accruing from a loan by a financial institution arranged by the seller to the buyer shall be paid by the seller on or before the first day of the designation of the occupancy, and the buyer shall pay the total interest paid by the seller on behalf of the buyer to the seller.
(6) Where a contract for sale in lots is cancelled due to any cause attributable to the buyer, the buyer shall make a separate payment to the seller of the interest on loans paid by the seller on behalf of the buyer, or make a further deduction from the refund refund after deducting the penalty to
Article 2 (Cancellation of Contracts)
1. A seller may cancel a contract without a separate peremptory notice, if the buyer has committed any of the following acts:
(2) Where any balance remains unpaid within three months after the date on which the designation of occupancy ends (in such cases, including the total amount of interest paid by a seller under Article 1 (3) 3 shall be included in the balance).