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(영문) 대전지방법원천안지원 2017.07.18 2015가단109184

손해배상(기) 등

Text

1. As to the Plaintiffs’ KRW 87,298,242 and KRW 55,243,742 among them, the Defendant shall pay a year from February 1, 2012 to June 18, 2015.

Reasons

1. Basic facts

A. The Plaintiffs are co-executions of the D apartment in Seocho-gu, Seoan-gu, Seoan-gu, Seocheon-gu.

Article 1 (Supply Price and Payment Method) (4) In case where Eul (referring to the defendant) applies part of part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time

(5) In relation to an intermediate payment loan under paragraph (4), interest from the first implementation date of the loan to the “the first designated date for occupancy” notified later by A shall be paid in lieu of A, and the interest paid by B shall be the “interest late payment system” in which A separately pays the interest paid at the time of the payment of the remainder.

(7) Loans under paragraph (5) shall be paid directly to the relevant financial institution regardless of the balance, full payment and transfer of ownership, if any, incurred after the date of the first designation of occupancy.

Article 4 (Cancellation of Contract) (1) In a case where Party A performs an act falling under any of the following subparagraphs, Party A may cancel this contract after giving notice, in the absence of such performance:

1. Where the part payments prescribed in Article 1 are not paid with a grace period of at least 14 days fixed on at least two occasions because they have not been paid on three consecutive occasions within each due date;

2. Where the balance fails to be paid within three months from the expiration date of the designation period for occupancy.

4. Where an agreement on a loan under Article 1 (4) has not been paid at least three consecutive times to the relevant financial institution, and the relevant financial institution has requested a person to pay by subrogation to the relevant financial institution.