beta
Text
1. The Defendant’s KRW 37,687,707 and KRW 36,108,687 among the Plaintiff and KRW 1,579,020 from June 25, 2014.
Reasons
1. Facts of recognition;
A. On January 19, 2010, the Plaintiff (seller), the Defendant (Buyer), the Poco Construction Co., Ltd. concluded a sales contract (hereinafter “instant sales contract”) with the following terms (hereinafter “instant sales contract”).
The indication of property: The total supply amount of 598,60,000 won of 2201, 2201, 2201, 2200 won of 298,60,000 won of 29,930,000 won of intermediate payment (10%) each (10%) of 59,860,000 won of 59,860,000 won (60%): (1) Article 2 (30%) of 179,580,000 won of 179,580,000 won of 2201, 2201, Seo-gu, Incheon: (1) The Plaintiff may cancel the sales contract in this case where the Defendant did not perform the act falling under any of the following subparagraphs after the peremptory
② When the remainder is not paid within 3 months from the end of the period designated for moving-in designation, and the sales contract of this case is terminated on the grounds that fall under Article 2(1) and (3) and the sales contract of this case is terminated on the grounds that the contract of this case falls under Article 2(1) and (3), 10% of the total supply price shall be reverted to the Plaintiff as penalty, even if the Plaintiff did not pay interest, etc. to the financial institution or is given two or more times a grace period of at least 14 days and the Defendant requested repayment from the financial institution on behalf of the Plaintiff on the grounds that the contract of this case was concluded on the grounds that the contract of this case falls under Article 2(1) and (3).
In the case of paragraph 1 of this Article, the plaintiff shall refund to the defendant the interest equivalent to 3% per annum from the day he received the penalty (the penalty shall be deducted) by the defendant to the day of refund.
Provided, That if there is a loan arranged by the business agreement of the Plaintiff, the Si Corporation, and the financial institution, the Plaintiff shall deduct the principal and interest of the loan (including the interest paid by the Plaintiff through a loan with interest payment after the mid-term loan).