1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Facts of recognition;

A. The Plaintiff sold apartment units through C (hereinafter “C”) as an executor of 2-2 block among the new construction sites of Kimpo-si, Kimpo-si.

B. On February 19, 2009, the Plaintiff entered into an apartment supply contract with the Defendant, through the execution agent C, to sell the apartment house Nos. 208 Dong 701 (hereinafter “instant apartment”) to the Defendant in total amount of KRW 566,20,000 (hereinafter “instant apartment contract”). Accordingly, the Defendant paid the down payment of KRW 28,320,000 to the Plaintiff.

The main contents of the apartment supply contract of this case are as follows.

[Attachment 1] Article 1 (Method of Payment for Sale Price)

1. “A” (the Plaintiff refers to the Plaintiff; hereinafter the same shall apply) shall supply the above indicated property by the following methods, and “B” (the Defendant refers to the Defendant; hereinafter the same shall apply) shall pay the amount to the bank and account under the designation of “A”:

(c).

The second part of the intermediate payment carried over to the balance on May 25, 2008 at the time of concluding a contract for the payment of down payment, which is 28,320,000 the first part of the intermediate payment and carried over to the balance on October 25, 2008, and the third part of the intermediate payment carried over to the balance on March 25, 2009, August 25, 2009; 56,620,000 the first part of the intermediate payment and August 25, 2009; 56,620,000 the second part of the intermediate payment; 56,620,620,000 the six part of the intermediate payment and the third part are 31,40,000 on the date of designating the remainder of payment.

3. Where part of the supply price referred to in paragraph (1) is appropriated with a loan of a financial institution arranged by "A", the following matters shall be implemented:

(3) The interest on an intermediate payment (within 40%) of a financial institution arranged by the "A" shall be paid by the "A" by the first day prior to the date on which the occupancy is designated, and the "B" shall pay the total interest paid by the "A" to the "A" when taking occupancy.

(6) Where a contract for sale in lots is cancelled due to a cause attributable to B, "B" shall deduct the interest on loans the "A" has paid on behalf of "B" from the refund payment after deducting the penalty to be refunded to "B" or "A".