beta
Text
1. The Defendant’s KRW 46,55,321 as well as the Plaintiff’s KRW 5% per annum from March 21, 2014 to January 16, 2015.
Reasons
1. Facts of recognition;
A. The Plaintiff is a seller of the non-dong 2103 (hereinafter “instant apartment”) among the main multi-family apartment on the ground of the Seoul Jung-gu and 19 parcel, Jung-gu, Seoul and 19 parcel.
(The above apartment was newly built and sold by HyundaiMCo Co., Ltd., and the above company was merged with the Plaintiff on April 8, 2014. (hereinafter referred to as the Plaintiff)
On January 8, 2010, between D and E, the Plaintiff entered into a sales contract with the following contents, in addition to the payment of KRW 644,00,00 for the apartment of this case, and the down payment of KRW 32,20,000 for the down payment, KRW 32,20,000 for the down payment on two occasions, and KRW 32,200,000 for the part payment on January 18, 2010 for the part payment, and KRW 64,40,00 for each payment on six occasions, and the balance shall be KRW 193,20,000 for the occupancy at the time of the occupancy:
Article 2 [Cancellation of Contract] (1) If a buyer commits any of the following acts, the seller may cancel this contract after the peremptory notice, if no performance is made:
4) In the event that a loan is arranged by a seller's guarantee, and the buyer's payment of interest is not made by a financial institution, and the seller claims the seller to pay the interest, etc. at least 14 days of grace period, if the seller fails to pay the interest, etc. at least 2 times by setting a grace period, Article 3 / [2] (10% of the total amount of the supply shall be reverted to the seller as penalty when the contract is terminated for the reason falling under Article 2 (1) 4. (1) / [Loan Agreement] Article 2 (1) 7 / [Loan Agreement] Article 2 (1) / 7 / interest rate shall not exceed 40% of the total amount of the sale price. (5) The buyer's payment of interest on the part of the buyer's payment shall be made by the date prior to the commencement of occupancy designated by the seller, and the buyer shall bear the interest from the date of occupancy. (6) Where the seller is cancelled by an apartment housing seller due to unavoidable circumstances.