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The defendant's KRW 529,830,420 for the plaintiff and its 6% per annum from November 22, 2019 to September 9, 2020, and the following.
Reasons
Basic Facts
A. The Defendant is a company that newly constructs and sells officetels (hereinafter “instant officetel”) on the Nam-gu, Ulsan-gu, and 17 parcels, and the Plaintiff entered into a sales contract with the Defendant regarding the 8th class D, 8th class E, and 8th class F of the instant officetel (hereinafter “instant sales contract”).
Article 7 (Cancellation of Contract) (3) In any of the following cases, the contract may be rescinded in March 2019 (the change may be made according to the process, and each subsequent notification may be later made). (a)
(4) When the contract is terminated due to a cause falling under paragraph (2), "B" shall pay the other party a penalty to "A" at the rate of 10% of the total amount of the sale price and the interest rate on the payment of the intermediate payment already paid to the other party, and in the case of paragraph (3), "A" shall pay 10% of the total amount of the sale price as penalty.
(5) Where this contract is terminated, the principal and interest of the loan and penalty shall be deducted for the payments already paid by "B", and interest shall be deemed nonexistent for the payments already paid by "B".
The interest rate on loans that have been financed by an intermediate payment financial institution shall be borne by the “A” by the designated date of the payment of the balance in lots, and the interest burden incurred thereafter shall be automatically succeeded to the “B” without any separate agreement and notification.
B. Of the contents of the instant sales contract, the parts related to the instant case are as follows.
C. Meanwhile, pursuant to the instant sales contract, the Plaintiff paid 8th floor D and related down payment 23,652,00 won among the instant officetels, intermediate payment 153,738,000 won, intermediate payment 23,328,000 won, intermediate payment 151,632,000 won, intermediate payment 23,328,000 won, intermediate payment 151,632,00 won, and intermediate payment 151,632,000 won among the instant officetels, respectively, in the case of each of the above intermediate payment.