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(영문) 인천지방법원 2016.02.18 2015가합54819

분양대금

Text

1. As to KRW 37,359,262 among the Plaintiff and KRW 110,526,00 among them, the Defendant shall start from January 1, 2013 to January 30, 2013.

Reasons

1.The following facts of recognition may be found either in dispute between the parties or in full view of the respective entries in Gap evidence 1 to 7 (including each number; hereinafter the same shall apply) and the whole purport of the pleadings:

The Plaintiff as a party is a contractor and a contractor of a business that newly constructs and sells apartment B (hereinafter referred to as the “instant apartment”) in Young-gu Incheon Metropolitan City, Young-gu, Incheon Metropolitan City, and the Defendant is a buyer who has concluded a sales contract and options construction contract with the Plaintiff for the instant apartment No. 111 and 2001.

B. On November 4, 2009, the Plaintiff concluded a sales contract and options construction contract with the Defendant for the following sales contract with the sales price of KRW 331,540,000 with respect to the instant apartment No. 1111 dong 2001 (hereinafter “instant sales contract”) (hereinafter “instant sales contract”).

(2) On the same day, the Plaintiff concluded a contract deposit with the Defendant and received KRW 32,90,00 as the down payment. At the time of the contract for the remainder of the down payment, the Plaintiff shall pay the remainder of the down payment as KRW 32,990 (32,90,90,900,900,000, 32,90, 90, 90,0000, 32,90, 90, 90, 90, 32, 90, 90, 90, 32, 90, 90, 90, 90, 32, 90, 90, 902, 90, 90, 902, 90, 90, 90, 90, 902, 90, 90, 900, 90, 000, 90, 10, 60106).6

3. The instant sales contract: (a) where the Defendant applied for an intermediate payment loan, the Plaintiff arranged an intermediate payment loan; (b) the Defendant consented that the loan is paid directly to the Plaintiff’s account of receiving the Plaintiff’s supply price at the lending bank on the agreed date of intermediate payment; and (c) the Plaintiff paid the interest by the payment date of the month to which the date of inspection belongs, and paid it by that