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1. The defendant's 46,419,305 Won to the plaintiff
A. Of the above money, 32,793,024 won from September 5, 2012 to October 4, 2012
Reasons
1. Facts of recognition;
A. The Plaintiff is the implementer of the Dongjak-gu Seoul Metropolitan Government Housing Redevelopment Improvement Project.
B. On March 17, 2010, the Plaintiff entered into an apartment supply contract with the Defendant with the content that D Apartment Nos. 1113 and 302 (hereinafter “instant apartment”) shall be sold to KRW 718,50,000, but the down payment of KRW 71,850,000 shall be paid at the time of the contract, and the intermediate payment of KRW 431,850,000 shall be paid every six times in installments, and the remainder of KRW 215,50,00 shall be paid at the time of occupancy (hereinafter “instant apartment supply contract”).
C. The main contents of the instant supply contract are as follows.
- Where a contract is terminated due to a cause attributable to the Defendant, 10% of the total supply amount belongs to the original amount as penalty (Article 3(1)). - The Defendant may receive an intermediate payment loan from a financial institution designated by the Plaintiff. In this case, the loan interest accrued before the date immediately preceding the occupancy commencement date shall be paid by the Plaintiff on behalf of the Defendant. The full interest paid by the Plaintiff on behalf of the Defendant shall be refunded to the Plaintiff at the time when the Defendant pays the remainder of the payment on the date of occupancy designation (Article 10(2)). - The first day of the occupancy designation period is exempted from the Plaintiff’s intermediate payment loan and the payment of interest at the same time is at the time when the Defendant is liable for the payment of interest (Article 10(3)). - When the contract is terminated after an intermediate payment was made, the Defendant shall make advance payment from the loan interest paid by the Plaintiff to the Plaintiff’s designated account at the time of repayment, and if the contract is not terminated, the remainder of the principal shall be separately deducted from the amount paid by the Plaintiff (Article 4).