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1. The Defendant’s KRW 42,422,370 as well as 6% per annum from August 25, 2012 to March 5, 2015 to the Plaintiff.
Reasons
1. Basic facts
A. On July 23, 2009, the Defendant concluded a sales contract from the Plaintiff to purchase at KRW 597,360,000 (including value-added tax) of Yeonsu-gu Incheon apartment (hereinafter “instant apartment”) Nos. 202 Dong 1801, 1801, and 597,360,000 (hereinafter “instant sales contract”). The main contents of the instant sales contract are as follows.
Article 1 (Methods for Payment of Amount to be Supplied) ① (1) B (the term "Defendant"; hereinafter the same shall apply) shall pay the corresponding amount by means of deposits without passbook payments to the bank accounts designated by Gap (the term "Plaintiff"; hereinafter the same shall apply) within the due date for payment as follows, and Gap does not have the obligation to notify Eul of the date for payment of part payments separately.
(unit: 30% at the time of taking occupancy of the remainder of the down payment, 10% at 10% each time, 10% at 3% 10% each time, 10% at 5% each time, 10% at 6% each time, 10% at 10% each time, on August 7, 2009 at 10% at 10% each time, on March 22, 2010, on March 22, 2010, 22, 2010 on March 22, 2010; 868 29, 868 59, 7368, 59, 7369, 7369, 7369, 7369, 7369, 7369, 7369, 7378 (1) may cancel the contract after the cancellation of the contract under any of the following subparagraphs:
3. Where the balance is not paid within three months from the expiration date of the designation period for occupancy. (2) Where a loan institution obtains a loan from a loan institution as a joint and several guarantee by a loan institution of A and then claims a substitute for the loan institution of B to pay the principal and interest of loan to A and the City Corporation due to any cause attributable to B, or a financial institution claims a reimbursement of the principal and interest of loan to A and the City Corporation pursuant to a loan agreement concluded separately by a financial institution with A and the City Corporation, A or the City Corporation may preferentially pay the amount claimed by the loan institution of B from the parcelling
When cancelling a contract, A shall refund the remaining amount after deducting the amount of subrogation and penalty from the sales price paid by the buyer to the buyer.
(3) B shall be a cause attributable to A.