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1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.
Reasons
1. Basic facts
A. On March 17, 2010, C concluded a sales contract with the Plaintiff and Dongjak-gu Seoul Metropolitan Government 113 Dong 204 (hereinafter “instant apartment”) for KRW 693,200,000 (hereinafter “instant sales contract”), and the Defendant succeeded to all rights and obligations under the instant sales contract through E and F.
B. The contents of the instant sales contract are as follows.
1) Defendant (not distinguishing the timing of succession to a contract under convenience) is named as Defendant;
hereinafter the same shall apply.
The time and amount of payment of the sale price (unit, 000 won) are as follows (Article 1(1). The remainder of the down payment (contract) shall be 3 times (10.04.19) 2 times (10.09.15) 3 times (1.02.15) 4 times (1.06.15) 11.06 times (1.06.17) 69,3209,320 69,320 69,3206, 3209, 32069, 32069, 32069, 32069, 3209, 3209, 3209, 3207, 207, 9602) 6 times (11.0.15) 5 times (12.06.15) 69,3200, 3207, 9602)
(Article 2(1)3. If a contract is terminated, the Plaintiff shall refund the amount already paid by the Defendant (Provided, That if the contract is terminated due to a cause attributable to the Defendant, penalty shall be deducted) by adding an interest equivalent to 2.8% per annum of the interest on general term deposits with the highest-end market share of household funds (based on the previous year on the contract date) for one-year maturity of the highest-end bank (based on the previous year) from the date the contract is received to the date of repayment (Article 2(6). However, if the contract is terminated due to
(Article 2(5)3) Where a contract is terminated due to a cause attributable to the Defendant, 10% of the total sale price shall be attributed to the Plaintiff as penalty (Article 3(1)4). In the event that the Defendant borrowed an intermediate payment from a financial institution designated by the Plaintiff, the interest on the loan accrued before the beginning of occupancy shall be paid preferentially by the Plaintiff on behalf of the Defendant, and the Plaintiff shall be paid by the Plaintiff on behalf of the Defendant.