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1. Defendant A Co., Ltd.: KRW 143,806,00 and 5% per annum from September 29, 2018 to October 25, 2019.
Reasons
1. Basic facts
A. (1) The Defendant A Co., Ltd. (hereinafter referred to as “Defendant A”) is the executor and seller of the new apartment construction project in Yongsan-si.
(2) On April 20, 2009, Defendant A entered into a contract with Defendant A to sell the said apartment E (hereinafter “instant apartment”) at KRW 719,030,000 for the sale price (hereinafter “instant sales contract”).
(3) In the instant sales contract, the intermediate payment was divided into four occasions, and D agreed that the intermediate payment was paid KRW 215,709,000 on April 27, 2009, and KRW 71,903,00 on May 28, 2009, and the intermediate payment was paid KRW 71,903,00 on September 28, 2009, and KRW 71,903,000 on December 28, 2009.
B. (1) Around April 2008, the Plaintiff, F, Co., Ltd. (hereinafter “F”), a contractor, entered into an agreement on the part payment loan to Defendant A and G Co., Ltd., Ltd., the contractor, and the purchaser of the said apartment (hereinafter “instant business agreement”).
The contents related to the Plaintiff’s assertion in the instant business agreement are as follows.
The contractor (hereinafter referred to as the "contractor") and the F (hereinafter referred to as the "Korea Housing Finance Corporation") shall agree to each of the following provisions and faithfully implement them in good faith:
Article 1 (Purpose) The purpose of this Convention is to prescribe matters necessary for B to support part payments loans and loan guarantees to prospective occupants (hereinafter referred to as "sick") of the housing unit to be sold in units of the I (K) Gyeonggi-do in which "A" is constructed and supplied by "B".
Article 3 (Duties of “A”) The term “B” shall not, without the consent of “B”, modify the contents of the rights or enter into a contract on the succession of the rights with respect to the housing sold in lots, and shall require the seller of the sales contract to enter into an intermediate payment loan and loan guarantee contract of “B” in case of resale with the consent of “B.”