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(영문) 서울고등법원 2016.12.15 2016나2032931

기타(금전)

Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid under paragraph 2 below shall be cancelled.

Reasons

1. The reasons why the court should explain this part of the facts of recognition are the same as the part of the judgment of the first instance except that the part of the "as of the date of the closing of argument in this case" as of the date of the closing of argument in this case in Chapter 5 is the same as the part of the judgment of the first instance, and therefore, it shall be cited by the text of

2. Determination on the cause of the claim

A. 10,526,00 won (the remainder of the sale price of options 100,610,000 won) and the remainder of the sale price of options 110,526,000 won (the remainder of the sale price of options 9,916,000 won) to the Plaintiff, barring any special circumstances, the Defendant asserts that the agreed interest rate of 10.96% per annum from January 1, 2013 to January 30, 2013, which is the 30th day after the expiration date of the occupancy designation period, shall be 10.96% per annum from the agreed interest rate of 13.96% per annum from the next day to March 31, 2013, which is the 90-day interest rate of 15% per annum from the next day to the 180-day interest rate of 16% per annum from the next day to the 180-day interest rate of 16% per annum.

However, Article 5(2) of the instant sales contract (Evidence 2) provides, “When the Defendant has delayed the payment of the intermediate payment and the remainder and the payment date of the contract has elapsed, the late payment penalty calculated by applying the late payment charge rate calculated by applying the sum of (comfore) overdue interest rates at the time of the conclusion of the supply contract to the late payment period shall be added to the late payment period.” The following is classified into “1-30 days,” “31-90 days,” “91-180 days,” and “180 days,” and “10.96%,” and “13.0%,” respectively, in the corresponding column of “Arrears” for each period.