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1. The Defendant shall pay to the Plaintiff KRW 40,00,000 and the interest rate of KRW 15% per annum from September 8, 2015 to the date of full payment.
Reasons
1. Facts of recognition;
A. On May 18, 2015, the Plaintiff entered into a sales contract with the Defendant to purchase the land listed in paragraph (1) of the attached Table No. 1 (hereinafter “instant land”) and the housing listed in paragraph (2) of the attached Table No. 2 of the attached Table No. 1 (hereinafter “instant housing”) on the land (hereinafter “instant housing”) from the Defendant, to purchase the purchase price of KRW 220 million (in the event of a contract, the balance of KRW 20 million shall be paid on August 13, 2015) (hereinafter “instant sales contract”), and paid the Defendant the down payment of KRW 20 million on the same day.
Article 6 (Non-performance of Obligations and Compensation for Damages) If a seller or a purchaser has defaulted on the terms and conditions of this Agreement, the other party may notify in writing the person who has defaulted on the contract and rescind the contract.
In addition, the parties to the contract may claim damages from the other party due to the cancellation of contract respectively, and the contract deposit shall be considered as compensation for damages, unless otherwise agreed.
Matters of special agreement
1. The present contract is a sales contract under the current facility, and the certificate of registered matters is confirmed, and the contract is entered into. 4. The joint collateral was established for the instant land and the house, which is the maximum debt amount of which is 455,00,000 won. As a result, the loan amount was confirmed at the time of concluding the contract, and the buyer knew of it as KRW 130,000,000.
Therefore, the seller is the cycle of cancelling part of the registration in the joint security list by repaying the loan amount established on the real estate subject to transaction before the remainder of the loan.
8. Before any balance, the buyer and the seller shared the real estate under the contract and confirmed the condition of the facility to the buyer, and pipes are repaired by the seller in consideration of the situation in which the house is irregular.
In the event of any defect, such as the removal of a wall other than that, the seller who is due to the balance shall receive the balance, and the buyer shall receive the balance after the date of the balance.