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(영문) 인천지방법원 2016.01.28 2015가단216818

이자대납금반환등

Text

1. The Defendant’s KRW 30,006,645 as well as the Plaintiff’s annual rate of KRW 6% from June 25, 2014 to January 28, 2016.

Reasons

1. Basic facts

A. The Plaintiff is a company that sold the Seo-gu Incheon apartment unit, and the Defendant was a buyer who sold the above apartment unit 2803 dong 3502 dong 3502 (hereinafter “the apartment unit of this case”) from the Plaintiff, and the Switzerland Construction Co., Ltd. (hereinafter “Sco Construction”) was a construction contractor of the apartment of this case and a management-based land trust agreement entered into between the Plaintiff on September 30, 2009. The Plaintiff, the Defendant, and Poco Construction entered into an apartment supply contract (Evidence 1; hereinafter “the sales contract of this case”) including the following major contents in relation to the sale of the apartment of this case:

A seller: A (Plaintiff), buyer (Defendant), and buyer: The scheduled date of occupancy of Byung (Skco Construction): April 2013 (the scheduled date of occupancy and the period of designation of occupancy). As such, Gap may subsequently change the total supply amount of KRW 628,700,00 (10%) and the intermediate payment (10%) and the intermediate payment (30%) once (30%) and 3rd (0. 15. 15. 10. 15. 4th (the 15th 10. 15. 12. 5th 15) and 5th (the 15th 10. 15th 12. 6. 15th 12. 6. 16. 10, 108) and 10th 15th 10 (the 16. 208th 16. 16. 208).

(3) Where a financial institution requests performance on behalf of A from the financial institution because a loan has not been arranged under the business agreement of the financial institution and interest thereon has not been paid on two or more occasions due to the failure to pay the balance within three months from the end of the designated period for moving-in.