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(영문) 인천지방법원 2013.11.29 2013가합31768

대여금

Text

1. The Defendant: (a) KRW 103,261,432 to the Plaintiff and KRW 6% per annum from April 10, 2013 to November 29, 2013; and (b) November 30, 2013 to the Plaintiff.

Reasons

1. Basic facts

A. On September 3, 2009, the Defendant entered into a contract from the Plaintiff to purchase the Yeonsu-gu Incheon apartment (hereinafter “instant apartment”) No. 301 Dong 2201 (hereinafter “instant sectional apartment”) at KRW 669,20,000 (hereinafter “instant sales contract”). The main contents of the instant sales contract are as follows.

Article 1 (Methods for Payment of Amount to be Supplied) ① (1) B (the defendant refers to the defendant; hereinafter the same shall apply) shall pay the corresponding amount by means of deposits without passbook in the bank account designated in paragraph (2) of this Article within the due date for payment as follows, and Gap (the plaintiff refers to the plaintiff; hereinafter the same shall apply) shall not be obligated to separately notify B of the date for payment of part payments.

Article 2 (Cancellation of Contract) (1) - A may cancel this contract after peremptory notice in a case where he commits an act falling under any of the following subparagraphs:

3. Where the balance is not paid within three months from the expiration date of the designation period for occupancy. (2) Where a loan institution obtains a loan from a loan institution as a joint and several guarantee by a loan institution of A and then claims a substitute for the loan institution of B to pay the principal and interest of loan to A and the City Corporation due to any cause attributable to B, or a financial institution claims a reimbursement of the principal and interest of loan to A and the City Corporation pursuant to a loan agreement concluded separately by a financial institution with A and the City Corporation, A or the City Corporation may preferentially pay the amount claimed by the loan institution of B from the parcelling

When cancelling a contract, A shall refund the remaining amount after deducting the amount of subrogation and penalty from the sales price paid by the buyer to the buyer.

(3) B may cancel a contract if it is impossible to move into within three months from the scheduled date of move into due to any cause attributable to A.

Provided, That it is inevitable, such as an administrative order not related to a natural disaster or a cause attributable to A.