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1. The Defendant’s KRW 21,940,627 as well as the Plaintiff’s KRW 6% per annum from October 7, 2013 to February 12, 2015, and the following.
Reasons
1. Facts of recognition;
A. On August 6, 2009, the Plaintiff, a company running the business of housing construction, etc., entered into a contract with the Defendant to sell the above apartment Nos. 107 and 2605 (hereinafter “instant apartment”) in the unit price of KRW 318,100,000 (hereinafter “instant apartment sale contract”), and received KRW 15,905,00 as the first down payment from the Defendant on the same day.
B. At the time of the instant sales contract, the Defendant shall pay the remaining down payment (hereinafter referred to as “the second down payment”)
31,810,00 won was paid in September 5, 2009. The intermediate payment was divided into installments on December 5, 2009, June 5, 2010; December 5, 2010; the payment was made on October 5, 201; the payment was made on February 5, 201; the remainder 79,525,000 won was to be paid in occupancy; and the main contents of the instant parcelling-out contract are as follows. Article 2 [1] The cancellation of the contract may be rescinded if the Defendant performs any of the following acts, after giving notice:
2. When he/she fails to pay any balance within three months from the agreed date.
3. In the event that a loan is arranged by the Plaintiff’s guarantee and the Defendant’s loan is not paid with interest, etc., and the financial institution claims repayment on behalf of the Plaintiff, when the Plaintiff did not pay the interest, etc. to the financial institution even at least twice a grace period of not less than 14 days and the Defendant did not pay the interest, etc. to the financial institution: Provided, That the purport of “the contract shall be cancelled if the interest, etc. is not paid to the financial institution after the grace period has expired, and the remainder
Article 3 [Penalties] (1) When this contract is terminated for reasons falling under Article 2 (1) (1) through (3), 10% of the total amount of the sale price shall be the penalty.