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1. As to KRW 44,717,029 among the Plaintiff and KRW 42,591,789 among the Plaintiff, the Defendant shall start from September 30, 2014; and 2,125 among the Plaintiff.
Reasons
1. Basic facts
A. On January 11, 2010, the Plaintiff sold B apartment units 2802 Dong 3201 (hereinafter “instant apartment units”) in Seo-gu, Incheon, which was constructed by the Defendant, Scco Construction (hereinafter “Scco Construction”).
B. Of the above sales contract (hereinafter “instant sales contract”), the key contents are as follows.
The indication of property: (The scheduled date of occupancy of the instant apartment: April 2013: (The scheduled date of occupancy and the period of designation of occupancy may be altered by the process, etc.) the Plaintiff could not cancel the sales contract of each of the following subparagraphs in the case of the Defendant’s 3th ( July 15, 2010) of the second (30, 2010) (4th (20, 15, 2010, 201) (5th (36, 15, 2011, 206, 15th) of the 5th (15, 2011, 200, 626,300, 100 won (10%) of the total supply price and the payment method (30%) of the intermediate payment (30%) of the 30%) of the 2nd (30th (15, 2010, 15th) of the 15th) of the 2012.
(2) When the sales contract of this case is cancelled for the reasons under Article 4 (1) and (3) as it fails to pay any balance within three months from the end of the designated period for moving-in, and it has not been paid with a grace period of at least 14 days fixed and notified twice or more, ten percent of the total supply price shall revert to the plaintiff as penalty.
In the case of paragraphs (1) and (2) of this Article, the plaintiff shall refund to the defendant the amount already paid by the defendant (in the case of paragraph (1) of this Article, the penalty shall be deducted) with interest equivalent to 3% per annum from the day of receipt to the day of
(hereinafter referred to as the “instant interest clause”). However, in the event of a loan arranged by the Plaintiff, Switzerland Construction, or a financial institution’s business agreement, the Plaintiff paid the principal and interest of the loan to the Plaintiff by means of a loan made by the intermediate payment of interest.