beta
Text
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1.Article 2 (Cancellation of Contract) ① “A” (the plaintiff) of the facts of recognition may cancel this contract after peremptory notice in the event that “B” (the defendant) commits an act falling under any of the following subparagraphs:
6. Where “B” has received a loan from a lending institution for a loan from a lending institution for “B” and then the lending institution requests the “B” or the “B” corporation to pay the proceeds by subrogation (return of the proceeds of sale) or a financial institution requests the “A” or the “B” corporation to pay the principal and interest of loan (return of the proceeds of sale) in accordance with a loan agreement entered into separately with “A” by a financial institution (hereinafter referred to as “A”) due to a cause falling under Article 2(1) through (2), 10% of the supply amount shall be reverted to “A” as penalty.
(3) Where a person has received a loan with interest-free interest on a mid-term loan, "B" shall pay the interest expenses paid by "A" to "A".
5. Where this contract is terminated, “B” shall pay the principal and interest of a loan (where this contract is terminated for reasons falling under each subparagraph of Article 2(1) and paragraph (2) of the same Article, including the total amount of the loan the “A” has paid to the lending institution on behalf of “B” during the lending period, and “A” may return the balance after deducting the principal and interest of a loan from the parcelling-out amount to be returned to “B” first and the penalty under Article 3(1), and the deducted principal and interest of a loan may be repaid on behalf of “B” to financial institutions.
On February 5, 2018, the Defendant entered into a supply contract with the Plaintiff that the Defendant would purchase D collective housing E, which is scheduled to be newly built on the ground of the Plaintiff at Incheon City, at KRW 208,90,000 (hereinafter “instant supply contract”), and the main text of the said contract.