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1. The Defendant’s KRW 125,367,816 as well as the Plaintiff’s annual rate from September 14, 2013 to March 3, 2014, and the following.
Reasons
1. On May 29, 2011, the Defendant purchased, from the Plaintiff, KRW 1,059, 431,046, and KRW 120,06, and KRW 1,60,431, respectively, the Defendant agreed to receive loans from financial institutions, and the remainder shall be paid at the scheduled date of occupancy (hereinafter “instant sales contract”).
On March 23, 2011, the Plaintiff concluded a business agreement with the Newan Savings Bank (hereinafter “Newan Savings Bank”) and agreed to lend part payments to the number of buyers of the instant commercial buildings, but the Plaintiff agreed to repay the said funds to the Newan Savings Bank instead of the buyer in cases where there is a reason for the buyer to lose the benefit due to the part payments borrowed.
After the conclusion of the instant sales contract on June 30, 201, the Defendant borrowed 423,772,000 won from the Newan Savings Bank as the intermediate payment No. 119 of the instant commercial building from the Newan Savings Bank, and paid 640,824,000 won as the intermediate payment No. 120 of the instant commercial building at each interest rate of 7.7% per annum, and paid 25% per annum to the Plaintiff each intermediate payment.
Afterward, the Plaintiff: (a) designated the scheduled date of occupancy under Articles 119 and 120 of the Commercial Building Act as February 8, 2013 and demanded the Defendant to pay the balance of payment to the Defendant; (b) however, the Defendant’s failure to pay the balance on February 28, 2013 and March 8, 2013 due to its failure; and (c) again sent a content-certified mail on September 9, 2013; and (d) if the sales price for each of the above commercial buildings is not paid by September 13, 2013, the Plaintiff under Article 10(1) of the instant sales contract did not pay the part payment and the balance under the instant contract by 15 days after the due date of payment (the expiration date of the designated point of payment).