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1. As to KRW 100,103,720 and KRW 21,625,720 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 78,478,00 from July 20, 2016.
Reasons
1. Facts of recognition;
A. The status of the parties CHousing Reconstruction and Improvement Project Association (hereinafter “C Union”) is a new executor who newly constructed an apartment building in the Gangseo-gu Seoul Metropolitan Government D D D D, and the Plaintiff is a contractor who performed the said new apartment building construction works by being awarded a contract with C Association.
B. 1) On January 25, 2012, the Defendant purchased the “Seoul Gangseo-gu F apartment and 124 Dong 1204 (hereinafter “instant apartment”) from the cooperative in the supply price of KRW 1,134,780,000 (hereinafter “instant apartment sale contract”).
(2) Article 2(1)1 of the instant sales contract provides that “When the buyer fails to pay the remainder within three months from the agreed date, the sales contract may be cancelled” and Article 3(1) provides that “when the contract is cancelled for reasons falling under Article 2(1)1, 10% of the total amount of the supplied amount shall be reverted to C Union as penalty.”
3) For the payment of intermediate payment for the instant sales contract, the Defendant: (a) loaned KRW 226,960,000 from the KB Bank; (b) the Plaintiff jointly and severally guaranteed the Defendant’s obligation to pay the principal and interest of the loan to the KEB Bank; (c) the Defendant did not pay the remainder within three months from the payment date of the remainder under the instant sales contract.
C On July 14, 2015, the Cooperative sent to the Defendant a certificate of content that “the instant sales contract is cancelled on the ground of the Defendant’s failure to pay the sales price,” and the said content-certified mail was served to the Defendant around that time.
2) By February 25, 2015, the Plaintiff subrogated the Plaintiff to the said bank for a total of KRW 21,625,920, including interest and delay damages incurred under the loan agreement concluded between the Defendant and KEB, but the Bank. 3) The instant sales contract remains the remainder of the Defendant’s sales contract around December 2015.