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1. As to KRW 33,196,43 and KRW 31,729,23 among them, the Defendant against the Plaintiff KRW 1,467,170 from June 25, 2014.
Reasons
1. Facts of recognition and judgment
A. In fact, the Plaintiff is a company that sold the Seo-gu Incheon Metropolitan Government apartment B (hereinafter “instant apartment”) and the Poco Construction Co., Ltd. was a contractor of the instant apartment on September 30, 2009 and was in charge of managing the sales contract and the buyer in accordance with the management-type land trust contract with the Plaintiff on September 30, 2009.
Accordingly, on January 13, 2010, the Plaintiff concluded a contract for sale in which the scheduled occupancy date is around April 2013, the supply price is KRW 526 million, and the intermediate payment is KRW 26.3 million in six installments from March 15, 2010 to July 16, 2012, and KRW 52.6 million in six installments from March 15, 2010 to July 16, 2012.
On the other hand, the Defendant paid the down payment in accordance with the instant sales contract, and the intermediate payment six minutes were loaned from one bank. However, the interest was paid by the Plaintiff up to the time of the Defendant’s occupancy, and the Defendant agreed to pay the interest paid in advance to the Plaintiff at the time of the Defendant’s occupancy.
After that, the Plaintiff and the Switzerland Construction notified the Defendant of the designation of the occupancy period from April 25, 2013 to August 24, 2013 as the occupancy period and filed a claim for the payment of the remainder, part payments loan agreement, etc. under the instant sales contract at least twice, but the Defendant did not pay the remainder.
Accordingly, on July 2, 2014, the Plaintiff and the Plaintiff sent to the Defendant a written notice stating the cancellation of the instant sales contract on the grounds that the sales contract and the intermediate payment loan agreement were not fulfilled as stipulated in the instant sales contract and the sales contract was delivered to the Defendant on July 4, 2014.
In accordance with the instant sales contract, etc., the Plaintiff paid interest on intermediate payment to Han Bank on behalf of the Defendant, and the interest paid by the Plaintiff on June 25, 2014 after the mid-term payment was made.