(영문) 서울중앙지방법원 2017.09.26 2015가단139965



1. The Defendant shall pay to the Plaintiff KRW 22,364,00 and interest rate of KRW 15% per annum from January 7, 2017 to the day of complete payment.


1. Basic facts

A. Unaccompanied Comprehensive Engineering Co., Ltd. (hereinafter referred to as "unaccompanied") is a contractor who newly constructed and sold a C apartment, which is an apartment house with a scale of 3,000 households, on the land of 169,840 square meters on the land of 34,000 square meters outside Busan Nam-gu, Busan, and the plaintiff is a contractor who received a contract for the new construction of the apartment of this case from unaccompanied.

B. On April 27, 2005, the Defendant entered into a sales contract (hereinafter “instant sales contract”) with the total sales price of KRW 701,400,00 with respect to the instant apartment Nos. 112 and 2804 as follows. Of the sales price, (i) out of the above sales price, the down payment shall be paid in installments in the first down payment which is about 5% of the sales price and the second down payment which is about 10% of the sales price, and (ii) the intermediate payment shall be paid in six installments at 65% of the sales price, and (iii) the remainder payment shall be paid in installments at the time of occupancy.

[this case's sales contract] The implementer's free delivery refers to "A", and the purchaser "B" refers to the purchaser "B," and the apartment supply contract between Gap and Eul is concluded as follows.

Article 1 (Supply Prices and Payment Methods)

3. The total sum of 50% of the total sales amount, including 10% of the down payment for the second and fourth intermediate payments, and 10% of the total sales amount, is the interest payment system in which A mediates loans to B and pays the remainder and interest on loans at the time of occupancy.

4. Interest from an intermediate payment to be loaned shall be paid by Party A, and the period shall be until the commencement date of designation of occupancy.

Article 2 (Cancellation of Contracts)

1. Where A has committed any of the following acts, A may cancel this contract after peremptory notice has been given, if no performance is made:

3. Where the financial expenses incurred in relation to the remainder and interest payment system have not been paid within three months after the expiration date of the designation of occupancy.

2.B may rescind this Agreement if it is not possible to move into within three months from the scheduled date of occupancy due to reasons attributable to A.

3. B shall be changed when the address is changed.