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1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are dismissed, respectively.
2...
Reasons
1. Basic facts
A. D Co., Ltd. (hereinafter referred to as “D”) is a contractor who newly constructs and sells an apartment of “F” (hereinafter referred to as “F apartment”) which is a multi-family housing of 3,000 households on the land of 169,840 square meters outside Busan-gu, Busan-gu, and 34 square meters on the land of 34,000 square meters, and the Defendant is a contractor who has been awarded a contract with D for the construction of
B. On October 4, 2005, between D and D, the Plaintiffs entered into a sales contract with the following contents (hereinafter “instant sales contract”). Plaintiff B entered into a sales contract with the following terms: (a) on August 18, 2008, Plaintiff B succeeded to the rights and obligations for 1/2 shares under the instant contract from Plaintiff B on August 18, 2008.
In addition, the options contract was concluded between the plaintiff B and the defendant on September 3, 2006.
Of the sale price above, (i) KRW 10,00,000 for the first down payment, KRW 62,630,00 for the second down payment, and KRW 62,630,00 for the second down payment in installments on November 20, 2005, and Sheshed part payment shall be paid in installments four times between April 20, 2006 and July 20, 2007, respectively, and KRW 48,430,000 for each additional period between April 20, 206 and July 20, 207.
[The sales contract in this case] The implementer D refers to "A", and the purchaser "B" refers to the purchaser "B," and the apartment supply contract between Gap and Eul is concluded as follows.
Article 1 (Supply Prices and Payment Methods)
3. Of the total sale price, 10% of the down payment as referred to in paragraph 1 and 10% of the total sales price per 10% of the total sales price per 10% from the first and fourth intermediate payments are the interest payment system in which Party A mediates a loan to Party B and pays the balance, loans, and interest at the time of occupancy.
4. Interest from an intermediate payment to be loaned shall be paid by Party A, and the period shall be until the commencement date of designation of occupancy.
Article 2 (Cancellation of Contracts)
1. Where A has committed any of the following acts, A may cancel this contract after peremptory notice has been given, if no performance is made:
3 The financial costs arising from the remainder and interest late payment system shall be from the expiration date of the designation of occupancy.