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(영문) 수원지방법원 2015.06.18 2014가합5985

매매대금

Text

1. The Defendant’s KRW 75,789,889 as well as the Plaintiff’s annual rate of 6% from July 16, 2014 to June 18, 2015.

Reasons

1. Basic facts

A. 1) The Plaintiff entered into a sales contract with the Defendant as a new company that newly built and sold the Btel in Sungsung City, and six officetels rooms as listed below with the Defendant (hereinafter “instant officetels”).

2) The sales contract for the instant sales contract (hereinafter “instant sales contract”).

The Defendant concluded a contract deposit as listed below. The Defendant paid the down payment to the Plaintiff respectively as indicated in the following table. The supply price in the heading room on May 19, 2012: 12,612,612,530 won; 126,125,300 won; 126,125,300 won; 12,612,530 won on June 14, 2012; 126,125,300 won; 12,612,530 won on June 14, 2012; 115,767, 300 won; 11,576,730 won; 114,163,900 won; 116,14,390 won; 1301,14,14,1390 won; 14,1316,14,1960 won.

Article 12 (Cancellation of Contracts)

1. If the defendant falls under any of the following subparagraphs, the plaintiff may cancel the contract after setting a 14-day grace period and giving a peremptory notice, if the contract is not performed:

Article 13 (Penalty, etc.)

1. Where the contract is terminated for reasons falling under Article 12(1) or (2), the Plaintiff shall pay the remainder to the Defendant after deducting the full amount of the principal and interest of loan and 10% of the total amount of the proceeds of sale financed by the guarantee of the Plaintiff and the Si construction from the sales price paid by the Defendant

In such cases, the defendant cannot claim interest on the sale price already paid to the plaintiff.

2. Where this contract is terminated for reasons other than paragraphs 1 and 2 of Article 12, by the plaintiff or the defendant, the person responsible for the cancellation of the contract shall pay 10% of the total purchase price to the other party as penalty.

Article 18 (Loaning Over-The-Counter Loans)

1. Under the business agreement between the Plaintiff and a financial institution, the intermediate payment may be loaned to the Defendant according to the credit rating by the financial institution of intermediate payment loan, and the Defendant shall lend all documents and expenses necessary for the loan to the Plaintiff or intermediate payment loan.