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1. The Defendant’s KRW 1,618,895,250 for the Plaintiff and KRW 6% per annum from January 4, 2017 to November 17, 2017.
Reasons
1. Basic facts
A. On April 28, 2015, the Defendant engaged in real estate development and sale business: (a) newly constructed and sold to the general public the Young-gu Section B building (hereinafter “instant building”); (b) the Plaintiff entered into a sales contract with the Defendant on April 28, 2015 with the sales price of KRW 789,705,000 for each of the instant commercial buildings (including the sales price of the building, KRW 37,605,000 (hereinafter “instant commercial building”); and (c) the sales contract was concluded with the Defendant on September 25, 2015, with the content that the sales price for each of the instant commercial buildings would be KRW 109,110,111 (hereinafter “instant commercial building”); and (d) the sales contract was concluded for each of the instant commercial buildings under the sales contract with the Defendant as the sales price of KRW 789,705,00 (including the building, KRW 37,605,005,00).
B. The details of the sales price paid by the Plaintiff to the Defendant regarding the instant sales contract are as listed below.
The amount paid by the sequence 1 on April 28, 2015, 1, 338,445,00 won paid as of April 28, 2015, converted into the down payment, KRW 16,922,250, the value-added tax on the building related to the down payment of KRW 10,789,705,00 on June 8, 2016, KRW 109, and KRW 110 on KRW 1,2,3 intermediate payment of KRW 473,823,00 on May 20, 2016, and KRW 1,2,618,895,250 on KRW 111 on the total part payment of KRW 38,789,70,00 on June 8, 2016.
C. The Plaintiff failed to pay the intermediate payment under the instant sales contract, but, upon receiving the overdue charge from E. S. E.D., the sales agent, the Plaintiff paid KRW 5 million to C at the Defendant’s request on June 8, 2016.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8 (including branch numbers for those with additional numbers; hereinafter the same shall apply), Eul evidence No. 3, the purport of the whole pleadings
2. At the time of the Plaintiff’s assertion and the sales contract, the Defendant deceivings the Plaintiff as follows, or the commercial building in this case cannot achieve the purpose of selling the commercial building in this case due to the following defects.