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1. The Defendant’s KRW 26,288,663 as well as the Plaintiff’s annual rate of KRW 5% from March 13, 2018 to September 4, 2018.
Reasons
1. Facts of recognition;
A. On December 7, 2016, the Defendant entered into a supply contract (hereinafter “instant supply contract”) with the sales price of KRW 283,100,00 (28,310,000 in total, and the intermediate payment of KRW 169,860,00 in total, and the remainder of KRW 84,930,00 in total, and KRW 84,930 in total, which was newly constructed by the Plaintiff (hereinafter “instant apartment”). Around that time, the Defendant paid down payment of KRW 28,310,00 to the Plaintiff.
B. At the time, the Plaintiff paid 22,241,50 won to the Defendant on January 9, 2017, upon the Defendant’s choice, on the part of the buyers who entered into a supply contract for the promotion of sale of the apartment of this case, at the time, the Plaintiff paid 22,241,50 won to the buyers who enter into the supply contract for the promotion of sale of the apartment of this case at the time.
C. The Defendant took out a loan from E Co., Ltd. for an intermediate payment of KRW 169,860,000 in total under the instant supply contract. In relation to the above intermediate payment loan, the Plaintiff paid KRW 247,800 on January 20, 2017 as the guarantee fee on behalf of the Defendant, and KRW 45,370 on August 11, 2017, respectively, and appears to have been less than KRW 23,260 on October 20, 2017, out of the guarantee fee indicated in the Evidence No. 7 (Account of Interest and Guarantee Fee).
In order for the Defendant to not pay interest on the above intermediate payment loan, the Plaintiff appears to have obtained on behalf of the Defendant, excluding KRW 552,300,000 (= KRW 12,006 KRW 540,294), among the ordinary interests as indicated in the evidence No. 6 (A copy of the copy of the Loan).
B, overdue interest 618,941 won was paid respectively.
According to the fact that the Defendant did not pay any balance under the instant supply contract and did not repay the above intermediate payment, the Plaintiff confiscated the down payment paid by the Defendant after cancelling the instant supply contract.
E. Meanwhile, the Plaintiff’s account under the name of the Defendant is KRW 24,175,50 on March 10, 2017 in relation to the instant apartment G where F is a seller for sale.