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
[Claim]
Reasons
1. Facts recognized;
A. On March 5, 2018, the Plaintiff entered into a contract with the Defendant for the supply of apartment housing (hereinafter “instant contract”) with the supply amount of KRW 208,90,000 with respect to the Yongsan-si apartment D. The details relating to the instant case are as follows.
Article 1 (Methods for Payment of Amount to be Paid) (1) The defendant shall pay KRW 10,00,000 as down payment by deposit without passbook in the designated account of the bank designated by the plaintiff when moving into the designated account of the bank designated by the plaintiff at the time of moving into the remaining 73,560,00 won by dividing the down payment into six times and the intermediate payment into six times.
Article 2 (Cancellation of Contracts) (1) The plaintiff may cancel the contract after peremptory notice when the defendant committed an act falling under any of the following subparagraphs:
6. Where a loan institution makes a loan from a lending institution to a plaintiff or a contractor for reasons attributable to the defendant, or where a financial institution claims the return of the principal and interest of loan to the plaintiff or the contractor pursuant to a separate loan agreement concluded between the plaintiff and the financial institution, the plaintiff shall return the remaining amount after deducting the above subrogation amount and the penalty from the sale price paid by the defendant when the contract is cancelled due to reasons falling under Article 2(1) (1).
(3) Where an intermediate payment loan is paid with interest-free loan, the defendant shall pay the interest paid by the plaintiff to the plaintiff.
(5) Where this contract is terminated, where the defendant has obtained a loan from a financial institution pursuant to a guarantee (loan Agreement) by the plaintiff or the Corporation, the defendant shall be deemed to fall under each subparagraph of Article 2 (1) and (2).