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(영문) 인천지방법원 2016.01.28 2015가단213680

이자대납금반환등

Text

1. The Defendant’s KRW 40,768,361 as well as the Plaintiff’s annual rate of KRW 6% from December 26, 2013 to January 28, 2016.

Reasons

1. Basic facts

A. The Plaintiff is a company that sold the Seo-gu Incheon apartment unit, and the Defendant was a buyer who sold the above apartment unit 2801 Dong 5402 (hereinafter “the apartment unit of this case”) from the Plaintiff, and the Poco Construction Co., Ltd. (hereinafter “Poco Construction”) was a construction contractor of the apartment of this case and a management-type land trust agreement entered into between the Plaintiff on September 30, 2009, pursuant to the management-type land trust agreement entered into between the Plaintiff and the Plaintiff. The Plaintiff, the Defendant, and Poco Construction entered into an apartment supply contract (Evidence 1; hereinafter “the sales contract of this case”) that contains the following major contents in relation to the sale of the apartment of this case:

A seller: A (Plaintiff), buyer (Defendant), and buyer: The scheduled date of occupancy of Byung (Skco Construction): April 2013 (the scheduled date of occupancy and the period of designation of occupancy) : D (the scheduled date of occupancy and the period of designation of occupancy) . Thus, Gap may subsequently change the total supply amount of KRW 852,400,00 (10%) and the intermediate payment (10%) and the intermediate payment (30%) 1 (15 March 15, 10), 2 (2) 3 (2) 4 (15, 10, 15, 11, 15) 5 (2) 5 (15, 12, 15, 12, 15, 106, 207, 205, 206, 207, 205, 205, 206, 205, 206, 206, 205, 206, 205, 26, 206, 26, 26, 26, 26) 20, 20, 10, 10.

(3) Where a financial institution requests performance on behalf of A from the financial institution because a loan has not been arranged under the business agreement of the financial institution and interest thereon has not been paid on two or more occasions due to the failure to pay the balance within three months from the end of the designated period for moving-in.