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1. The Defendant’s KRW 2,883,578 as well as 5% per annum from October 31, 2012 to December 10, 2015 to the Plaintiff.
Reasons
1. The following facts may be acknowledged if there is no dispute between the parties, or if the purport of the entire pleadings is added to each entry in Gap evidence Nos. 1 to 8.
The defendant is an executor of the construction project of the Goyang-gu Incheon Metropolitan City B apartment, and the plaintiff is the seller of the sale contract of 101 Dong 104 among the above apartment units (hereinafter "the apartment of this case").
B. On February 11, 2010, the Defendant concluded a sales contract (hereinafter “instant sales contract”) with the Plaintiff by setting the sale price of the instant apartment as KRW 593,90,000 and the scheduled date of occupancy as of September 2012. The Plaintiff agreed to pay the remainder KRW 15,00,000 among the down payment of KRW 29,695,00,000, in cash, and the remainder of KRW 14,695,000 from the Defendant. The Defendant agreed to pay the first and the sixth intermediate payment with the loan from the foreign exchange bank and the Korea Saemaul Bank.
On the other hand, the defendant agreed to pay interest on the above intermediate payment loan instead of interest on the first and third intermediate payment loan until the beginning date of the designation of occupancy, and to settle the interest on the first and third intermediate payment in addition to the balance to be paid by the plaintiff
C. On February 11, 2010 and February 26, 2011, the Plaintiff paid a total of KRW 29,695,000 to the Defendant. From March 26, 2010 to April 20, 2012, the Plaintiff borrowed KRW 59,390,00 each time from a foreign exchange bank (the first and the fourth vehicles) and the Sineung Saemaul Savings Depository (the fifth and the sixth vehicles) and paid the intermediate payment.
The Defendant delayed the payment of interest on the intermediate payment to the Yung Saemaul Savings Depository, and the Plaintiff paid 730,870 won interest from August 20, 2012 to September 19, 2012.
E. On September 20, 2012, when an accident occurred to suspend construction due to the occurrence of the bankruptcy on the wallsan Construction Co., Ltd., a contractor for the instant apartment, the Korea Housing Guarantee Co., Ltd., a contractor for the performance of the construction, decided to refund the sales price to the seller, and accordingly, to the intermediate payment lending bank.