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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On March 14, 2012, the Plaintiff entered into a contract with the Defendant for the purchase of B apartment units of 110 Dong Dong 902, Yeonsu-gu, Incheon to KRW 412,300,000.
(A) On May 3, 2012, the Plaintiff paid KRW 20,615,00 for the first down payment, and KRW 1,004,00 for balcony expansion down payment, and KRW 20,707,716 for the second down payment on May 3, 2012.
(Evidence Nos. 2 and 3) The Plaintiff did not pay the remainder of the money thereafter.
[Ground of recognition] Unsatisfy, each entry of the above documentary evidence, the purport of the whole pleadings
2. The plaintiff's assertion and judgment that the defendant's person in charge of sale in lots is entitled to receive a loan at a bank located in the port south of the National Bank and the dispatching branch of the Korean bank, and the plaintiff intended to pay part payments with the loan at the dispatching branch of the Korean bank. The defendant was unable to pay part payments with the loan received from the Korean bank and the payment of part payments with the loan received from the Korean bank. Although there was a violation of the duty to notify that part payments can be paid with the loan received from the Korean bank, the defendant cancelled the contract and confiscated the down payment on the ground that the defendant could not pay part payments. Since the plaintiff was not responsible for the plaintiff, and there was a cause attributable to the defendant who revoked the contract due to the defendant's failure to notify the contract, the defendant is obligated to pay the part payments paid to the plaintiff with the down payment, etc.
The plaintiff's assertion has no evidence to prove.
Rather, in full view of the evidence No. 1, evidence No. 3-1, evidence No. 3-3, evidence No. C, testimony of witnesses C and D, and fact-finding results on the present south branch of the National Bank, the Plaintiff can receive loans from the National Bank or the Korean Bank in relation to the part payment of the above apartment (110 units).