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(영문) 서울중앙지방법원 2017.09.13 2016가합553978

기타(금전)

Text

1. The Defendant’s KRW 319,853,047 as well as 5% per annum from August 4, 2015 to September 21, 2016 to the Plaintiff.

Reasons

. Where it is delayed due to restrictions on access for other reasons not attributable to him; and

(2) In applying paragraph (1), where A uses all or part of the objects of construction before completion pursuant to Article 22, an amount equivalent to such part shall be deducted from the contract amount.

Article 32 (Transfer of Rights and Obligations) Any rights or obligations arising out of this Agreement may not be transferred or delegated to a third party.

Provided, That this shall not apply when the written consent of the other party and the consent of the guarantor have been obtained.

Article 1 [Matters concerning delegation and implementation of the right of sale in lots] A of the contract for vicarious sale in lots shall delegate part of the affairs of vicarious sale in lots to B, and B shall perform affairs in accordance with the following conditions:

Article 7 (Fees for Sales in Units) Sales agency fees shall be collected only for the portion directly sold by B.

1. Payment of parcelling-out fees: 8% of the total parcelling-out amount (excluding value-added tax)* Mutual consultation within the limit of the parcelling-out amount by lots; and

2. In principle, the payment of the sales commission shall be 40% in total at the time of the deposit of the down payment, 40% in total at the time of the deposit of the first intermediate payment, and 20% in total at the time of the deposit of the balance.

3. A request for parcelling-out fees shall be made within ten days from the date of the payment of fixed contract money.

4. The timing of payment of the parcelling-out fee shall be paid in the same manner according to the respective rates of installment payments;

[Attachment] Area and sale price of each subparagraph D (hereinafter omitted)

B. Since September 2012, the Defendant started the instant construction and sale after the completion date of construction and the completion of construction.

However, the sale of the instant building was not done smoothly, and the Defendant failed to complete the instant construction until the end of February 2013, which is the deadline for completion, and the approval for use of the instant building was made on October 16, 2013.

C. The Plaintiff’s claim for liquidated damages and the Plaintiff’s acquisition of the claim under the instant construction contract on July 2015.