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(영문) 서울중앙지방법원 2019.09.18 2019가합503653

분양대금반환 등 청구의 소

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1. The Defendant’s KRW 1,815,410,00 for the Plaintiff and 5% per annum from January 3, 2017 to September 18, 2019.

Reasons

1. Basic facts

A. On December 2, 2016, the Plaintiff entered into a contract with the Defendant to purchase KRW 1,825,410,000 (hereinafter “instant loan”).

B. The main contents of the instant contract are as follows.

The scheduled date for completion of a 2018: The purpose of Article 1(1) of the 2018 is to sell the instant loan to the Plaintiff by the Defendant, and to prescribe matters necessary for the purchase and use of the loan by the Plaintiff.

(3) When the plaintiff fails to pay the amount to be paid under this contract by the due date, the payment shall be made by calculating the late payment charge of 14% per annum on the relevant payment amount from the day following the due date of each payment to the due date of all payment.

④ If the Defendant becomes unable to use the instant loan due to the delay of the completion of the facility by the scheduled date of use, etc., compensation shall be paid in accordance with the overdue interest rate under paragraph (3) to the sales price already paid from the scheduled date to the date of actual use, or deducted from the remaining sales price.

Provided, That this shall not apply where B may use any container other than the relevant container or where the completion site is inevitable due to unavoidable reasons.

Article 11 (Cancellation of Contract) (4) Where the loan of this case is unable to be used for more than three months from the scheduled date of use of the loan of this case due to the Defendant’s completion delay, etc., or where the Defendant’s performance of contract becomes impossible, the Plaintiff may rescind the contract.

Provided, That this shall not apply where the defendant can use other containers than the relevant containers or where the delay in the completion thereof is due to a cause not attributable to the defendant, such as a natural disaster.

C. On December 2, 2016, the Plaintiff paid the down payment of KRW 191,09,000 to the Defendant.