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(영문) 수원지방법원 2019.06.19 2018가단557890

기타(금전)

Text

1. The Defendant: (a) against Plaintiff A, B, and C, KRW 587,946, and Plaintiff D, KRW 5,438,380, and each of the above amounts, respectively. < Amended by Act No. 1583, Dec. 18, 2018>

Reasons

1. Basic facts

A. On September 20, 2017, Plaintiff A, B, and C purchased from the Defendant for KRW 678,400,000 from the purchase price for the first floor G of the F building in Suwon-si, Suwon-si, Suwon-si, where the Defendant was newly built (hereinafter “first purchase contract”). Plaintiff D purchased from the Defendant on October 10, 2017 the first floor H of the F building in KRW 710,200,000 from the Defendant.

(hereinafter “Secondary Sales Contract”). The First and Second Sales Contracts include the following:

Article 3 (Additional Fees, Overdue Charges, and Penalty for Delays) (2) When the date of the contract has elapsed due to the delay in the payment of the intermediate payment and the balance, the purchaser (Buyer) shall pay the overdue charges calculated by applying the overdue rate calculated by adding the overdue rate calculated by adding the interest rate for each overdue period determined by the highest bank's share in the market for lending household funds to the deposit bank during the overdue period to the overdue days.

(5) If the due date for occupancy notified to B under this Agreement is delayed, with respect to the amount already paid by B, the delayed compensation shall be paid to B or deducted from the remaining amount, in accordance with the overdue rate under paragraph (2).

Article 7 (Entry and Opening Point) (1) A shall notify B of the period of designation of a tenant in advance, and B shall complete the payment of the balance, the intermediate payment, and the arrears during the period of designation of the tenant notified by A, and the tenant and the opening point shall be made.

B. The content of the agreement on the purchase price under the first sale contract is as specified in the column for the content of the agreement set forth below, and the Plaintiff A, B, and C paid the price as specified in the actual payment set forth in the table 1 below and paid the late payment charge as specified in the table 2, Nov. 15, 2018.

[Attachment 1] 67,840,000 of the contract amount, the contract amount to be paid on the date of the actual payment of the agreed amount, the contract amount to be paid on September 27, 2017 at the time of the contract for down payment, the contract amount to be paid on the date of the actual payment of the contract amount, and the contract amount, the first installment of the intermediate payment 67,840,000 on December 27, 2017, 2017; 67,840,000,000 intermediate payment on April 7, 2018; 67,840,000 intermediate payment on January 20, 208; 67,840,000 on June 5, 2018;