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1. The Defendant’s KRW 448,425,347 as well as the Plaintiff’s annual rate from June 14, 2014 to July 15, 2015.
Reasons
1. Basic facts
A. On May 29, 2009, the Defendant concurrently sold the instant apartment (hereinafter “instant apartment”) at the time of construction of the following: (a) the Defendant entered into a sales contract with the Defendant at KRW 886,890,000 with respect to the instant apartment (hereinafter “instant sales contract”).
B. After the instant sales contract, A paid 4,344,00 won as down payment to the Defendant on the day of the contract, and thereafter, A borrowed a total of KRW 532,134,000 from one bank to December 28, 200 through an intermediate payment credit loan, and paid it as part payment to the Defendant.
C. Meanwhile, the Defendant entered into a joint and several guarantee agreement with a single bank as to “the principal and interest obligation for part-time credit loans borrowed from a single bank.”
After that, the Defendant had been carrying out the construction of the instant apartment, but the Defendant had already been in excess of the obligation before the payment of the balance of the remainder, and filed a petition for bankruptcy with the Chuncheon District Court 2012Hadan157 on February 2, 2012, and the same court rendered a ruling of bankruptcy against A on September 27, 2013, and the Plaintiff was appointed from the same court as the trustee in bankruptcy on the same day.
E. On June 12, 2014, the Plaintiff sent to the Defendant a certificate of content that “When both the debtor and the other party have not yet completed the performance of the bilateral contract at the time bankruptcy is declared, the bankruptcy trustee may rescind or terminate the contract, and claim the performance of the other party’s obligation,” pursuant to Article 335(1) of the Debtor Rehabilitation and Bankruptcy Act, “A’s cancellation of the instant apartment contract concerning the apartment of this case and exercise the right to request the return of the purchase price.” The content certification was served on the Defendant on June 13, 2014.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence No. 1, and the purport of the whole pleadings.