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1. The Defendant’s KRW 75,922,961 as well as the Plaintiff’s annual rate of KRW 6% from May 3, 2017 to July 3, 2017.
Reasons
1. Facts of recognition;
A. On March 3, 2009, the Plaintiff concluded a sales contract with the Defendant and Kimpo-si B apartment No. 205 Dong 103 (hereinafter “instant sales contract”).
- Article 1 (Methods of Payment for Sale Price)
1. A (Plaintiff) shall supply the above indicated property by the following methods, and B (Defendant) shall pay the corresponding amount to the bank and account designated by A (Defendant).
(b) The payment method (unit: 53,00,000,530,000,0053,30,000,293,293,150,000, carried over to the remainder of 26,660,00 as of the date of the designation of occupancy ( October 25, 109) of the 3th ( October 25, 08, 209, 25, 25, 209) ( October 25, 200), the second ( October 25, 200), the second ( October 25, 200), the second ( October 25, 200), and the second ( October 25, 209) ( October 25, 209), and
3. Where part of the supply price under paragraph (1) is appropriated for a loan from a financial institution arranged by Gap, the following matters shall be performed:
(6) Where a contract for sale in lots is cancelled due to a cause attributable to B, B shall pay the interest on loans paid by B separately to A or deduct the penalty to be refunded to B from the refund refund after deducting the penalty to be refunded by A.
[Cancellation of Contracts]
1. A may cancel a contract without a separate peremptory notice, where B has committed any of the following acts:
(2) Where any balance remains unpaid within three months after the date on which the designation of occupancy is completed, Article 3 (Penalties for Penalty and Refund)
1. When this contract is terminated for reasons falling under any subparagraph of Article 2(1), the total amount of supply shall be reverted to A as penalty for breach of contract;
3. When the contract is cancelled for B to which a loan has been extended, the interest expenses paid by A, in addition to the penalty, shall be separately paid for the penalty.
B. On March 3, 2009, the Defendant paid the Plaintiff a down payment of KRW 26.66 million based on the instant sales contract, and received an intermediate payment loan from a financial institution, and paid an intermediate payment of KRW 213.2 million.
On the other hand, the plaintiff paid down payment on March 3, 2009 to the defendant 1,660,000 won.