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(영문) 서울중앙지방법원 2016.10.13 2015가합553940

분양대금

Text

1. The Plaintiff:

A. As to KRW 334,234,253 and KRW 223,746,00 among them, Defendant A shall be from January 1, 2013 to July 10, 2015.

Reasons

1. Basic facts

A. The remainder of the sale price under the contract for the purchase and sale of the defendant's club water 1 A 112 Dong 1004 Dong 1004 Dong 213,830,00 on June 10, 201, B 103 Dong 2303 Dong 2303, Nov. 4, 2009, the plaintiff newly constructed Jung-gu Incheon Metropolitan Government apartment house C (hereinafter referred to as "the apartment of this case").

As to the Defendants, the sales contract in question (hereinafter “instant sales contract”) with the Defendants as follows.

(2) According to the instant sales contract, the contract deposit out of the sales price was paid on six occasions at the time of the contract, and the intermediate payment was paid on six occasions, and the remainder was paid on the date of designation of occupancy as determined by the Plaintiff.

Each sales contract of this case stipulates the interest rate on delay when the buyer delays the payment of the intermediate payment and the balance as follows:

(Article 5(2). (A) Additional Interest Rate (B) on the Average Credit (B) interest rate (A) 1 to 30 days in arrears (A) 5.96% 10.96% 31 to 90% 8% 13.96% 96% on 91 to 180% 91% on 14.96% on 181% on 91 to 15.96% on 181% on 181% on 181%, and 3% on 10% on 15.96% on 196% on 180) The Plaintiff entered into an options contract (hereinafter “instant options contract”).

(2) Upon entering into the instant contract, the Defendants agreed to pay any balance of the options construction cost on the designated date for occupancy. The overdue interest rate at the time the Defendants delayed the remainder is applied mutatis mutandis under Article 5 of the instant sales contract, and the sales contract at the time the Defendants agreed to pay the remainder on June 12, 201 to A 112,386,00 on June 10, 201, and 112,386,000 on June 10, 201, and 916,000 on February 11, 203, 203, 2303, 2303, and 11,62,009,300, 302,000 on May 28, 2010. (B) The Plaintiff agreed to arrange the payment of the intermediate payment to the buyers, and the payment of the interest at the time of the intermediate payment was made in advance on the condition that the payment was made later.