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1. The Defendant’s each of the Plaintiffs KRW 57,158,468 and its related KRW 6% per annum from December 6, 2013 to July 6, 2016.
Reasons
1. Basic facts
A. 1) On May 22, 2009, the Defendant entered into a sales contract, etc. with the Plaintiffs, a co-implementer of a new apartment construction project, B apartment 310-dong 401 (hereinafter “instant apartment”).
As to the sale price in lots, 784,100,00 won for the sale in lots, 39,205,00 won for the down payment, 470,460,000 won for the intermediate payment, and 274,435,00 won for the remainder (payment at the time of occupancy). Where any balance is not paid within 3 months after the expiration of the designation period for occupancy, the plaintiffs may cancel the sale in lots after setting a specific period and giving notice, and where the sale in lots is cancelled due to reasons attributable to the defendant, the contract for sale in lots shall be paid as penalty for 10% of the sale price (hereinafter “instant sale in lots”).
(2) The Defendant received a loan of KRW 470,460,000 from a new bank, etc., which constitutes part payments during the above sales contract.
In relation to the above loans, the defendant paid interest on loans corresponding to the first, second, and third intermediate payments (each KRW 7,8410,000) with the plaintiffs by the day prior to the date of the designation of occupancy, and the defendant pays it by the day prior to the date of the designation of occupancy, and the loan interest on the date of the designation of occupancy shall be borne by the defendant, and the loan interest on the six intermediate payments (each KRW 7,841,00) shall be borne by the plaintiffs by the day prior to the date of the designation of occupancy, and the loan interest on the date of the designation of occupancy shall be borne by the defendant (hereinafter "additional
In addition, the Plaintiffs jointly and severally guaranteed the Defendant’s loan obligations when the Defendant borrowed the amount equivalent to the intermediate payment from the new bank, etc.
B. From October 31, 2010 to December 31, 2010, the Plaintiffs: (a) notified the period of designation of occupancy to the buyers, including the Defendant, etc.; and (b) paid the interest accrued prior to the commencement of the period of designation of occupancy in connection with the Defendant’s loan to the financial institutions, such as the new bank.
However, the defendant on December 31, 2010, which is the expiration date of the designation for occupancy.