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1. As to the Plaintiff KRW 19,098,887 and KRW 10,00,00 among them, the Defendant shall pay to the Plaintiff KRW 19,09,87 from July 17, 2018, and KRW 9,098,87.
Reasons
1. Basic facts
A. The plaintiff as the party concerned is a person who has concluded a sales contract with the defendant with respect to C Apartment subparagraph (hereinafter "the apartment of this case") as follows, and the defendant is the constructor of the above apartment of this case.
B. On September 3, 2015, the Plaintiff entered into the instant sales contract with the Defendant on the sales price of KRW 349,90,000 for the instant apartment (hereinafter “instant sales contract”) and paid KRW 10,000 for the first down payment on the same day, and the second down payment of KRW 24,990,000 for the second down payment was borrowed from the Defendant, and the intermediate payment of KRW 209,940,000 was paid six times from October 30, 2015 to March 31, 2017 after receiving loans from the E Bank. The interest rate was paid by the Defendant at the time of the occupancy designation period (the scheduled date of occupancy under the sales contract is around August 2017) designated by the Defendant, and the second down payment was paid by the Defendant to the Plaintiff thereafter.
C. On the other hand, the apartment of this case, which is the object of sale, is indicated as '84B', such as the sales contract of this case and the receipt of down payment, but the apartment of this case does not exist in the 84B model different from the above document, and the apartment of this case was actually 84A model.
2) The 84A model and 84B model are not only the apartment structure itself, but also the 84A model are southwest and may interfere with some view rights, while the 84B model is less likely to interfere with the view rights due to the south trend. D. The Defendant subrogated for an intermediate payment loan to the Plaintiff E-bank on July 16, 2018. The Defendant repaid the part payment loan to the Plaintiff’s E-bank on the part of the Defendant’s intermediate payment payment. [In the absence of any dispute over the grounds for recognition, the entries in Gap’s 1 through 6, Eul’s evidence No. 4, and the purport of the entire pleadings, as a whole
2. Summary of the parties' arguments;
A. The plaintiff's claim 1 is the defendant's debt.