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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Facts of recognition;
A. Co., Ltd. (hereinafter “Plaintiff”) was merged into the Plaintiff on April 8, 2014; hereinafter “Plaintiff”).
D on March 3, 2010 (name after the opening of name: E; hereinafter referred to as “D”).
2) The apartment of this case (hereinafter referred to as the “instant apartment”) on the ground C in Jung-gu, Seoul and 19 parcels
(2) The sales contract is to sell the sales price of KRW 698,00,000, and is to pay KRW 69,800,000 as down payment (the contract date and April 5, 2010, respectively) and the intermediate payment of KRW 418,80,00 as part payment (6 times from April 19, 2010 to April 18, 2013, respectively) and the remainder of KRW 209,40,000 as part payment (hereinafter “instant sales contract”).
The main contents are as follows. Article 2 (Cancellation of Contract) (1) The plaintiff may cancel this contract where D has performed any of the following acts after the peremptory notice when D has been given. (4) In the event that D has arranged a loan by the plaintiff's guarantee and D has not paid interest, etc. and the plaintiff claims subrogation to the plaintiff in a financial institution, the plaintiff does not pay the interest, etc. to the financial institution even if D has given two or more peremptory notice to the plaintiff at least 14 days of grace period, but this contract shall be cancelled if D has not paid the interest, etc. to the financial institution after the grace period has expired, on the other hand, the contract shall be cancelled unless D has paid the interest, etc. to the financial institution after the lapse of the grace period.
Article 3 (Penalty) (2) When this contract is terminated on the grounds falling under Article 2 (1) 4, 10% of the total amount of supply shall be reverted to the plaintiff as penalty.
Article 7 (Loan Agreements) The Plaintiff and D enter into an interest-free agreement within the limit of 40% of the total purchase price, within the limit of 20% of the interest payment system, and within the limit of 20% of the total purchase price.
(5) The payment of interest accruing from the intermediate payment of D is designated by the Plaintiff.