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(영문) 부산지방법원 2019.04.24 2018가합48447

지체상금 청구

Text

1. The defendant attached Form to the plaintiffs

4. Each corresponding amount and each equivalent amount to be indicated in the column for the award of the check shall be the same as each other.

Reasons

1. Facts of recognition;

A. The Defendant is the implementer of a business that newly constructs and sells “C”, which is a main complex officetel with the size of 6th and 40th above the ground level, on the ground of Busan Shipping Daegu B, and the Plaintiffs are the buyers who entered into a contract for the supply of the instant officetels between the Defendant and the purchaser or transferee of the status of the buyer.

B. The rest of the Plaintiffs except for Plaintiff D (FR No. 25) and Plaintiff E (FR No. 27) are attached hereto.

2. On each corresponding date stated in the column for the date of the agreement, the Defendant entered into a supply contract with the following content (hereinafter “instant supply contract”) with each corresponding amount entered in the column for the sale price of each section of exclusive ownership listed in the same Table regarding each section of exclusive ownership of the instant officetel as the sale price.

(A) On the other hand, on March 14, 2014, F entered into a supply contract with the Defendant for the instant officetel at KRW 476,04,350 with respect to the sale price of the instant officetel at KRW 476,04,350, and F transferred the status of the buyer of the instant officetel to Plaintiff D (one serial number 25) on July 29, 2014.

In addition, on March 15, 2014, Plaintiff H (Seoul) entered into a supply contract with the Defendant with the amount of KRW 244,55,950 for the instant officetels as to the sales price of KRW 244,55,950, among the instant officetels, and on October 7, 2014, transferred the status of the buyer as to the 1/2 shares of the instant officetel to Plaintiff E (Seoul Number 27).

C The scheduled date of occupancy in the supply contract: In December 2017, the general provisions of the supply contract (the scheduled date of actual occupancy shall be later designated and notified) and Article 8 (the delayed payment and delayed payment) (1) of the supply contract (the "B" shall be paid after adding the loan interest rates of the part payment bank and the additional interest rates by the overdue period when the agreed payment date has elapsed due to the delay in the payment of the part payment and the balance.