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1. The Defendant’s KRW 35,686,369 as well as the Plaintiff’s KRW 6% per annum from June 25, 2014 to March 19, 2015.
Reasons
1. Facts of recognition;
A. On February 11, 2010, the Plaintiff and the Defendant concluded a contract under which the Defendant purchased the so-called intermediate payment interest payment loan (the time the Plaintiff paid interest on the intermediate payment loan to the time of the buyer’s occupancy pursuant to Article 19 of the supply contract, and settled the repayment of the interest on the loan at the time of the buyer’s occupancy) (the time of the buyer’s occupancy), etc., of the Seo-gu Incheon apartment No. 2802 Dong 4703 (the Simco Construction; hereinafter “instant apartment”) (hereinafter “instant apartment sale contract”), and its main contents are as the supply contract [attached Form].
B. The Defendant received a loan from the bank, but paid the Plaintiff, based on the agreement to lend the above intermediate payment after interest payment, in addition to the first-half intermediate payment directly contributed pursuant to the instant sales contract.
C. After that, the Plaintiff’s occupancy period to the Defendant from April 25, 2013 to the same year.
8. Around July 2, 2014, upon designating and notifying the end of 24.2, the Defendant filed a claim for the payment of the remainder and intermediate payment loan agreement, etc. under the instant sales contract at least twice. However, the Defendant failed to perform the contract on behalf of the Plaintiff on the ground of a decline in market price exceeding losses incurred in waiver of down payment, etc., and on behalf of the Plaintiff, the said construction notified that the said sales contract was cancelled on the basis of Article 2(1) of the
The Plaintiff paid 68,683,062 won (from March 15, 2010 on the date the first intermediate payment was loaned to June 24, 2014, which is the day before the date the payment was made by subrogation) on behalf of the Defendant, a borrower, for the management fee of the instant apartment from March 8, 2013 to June 2014.
E. On the other hand, when a special contract for restitution is made upon cancellation as stipulated in Article 4(3) of the above sales contract, the plaintiff's first to the sixth intermediate payment shall be respectively made.