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(영문) 부산지방법원 2015.05.26 2014가단237358

위약금 등

Text

1. The Defendant shall pay to the Plaintiff KRW 78,90,354 and KRW 5% per annum from September 18, 2014 to May 26, 2015, and complete payment from the next day.

Reasons

1. Basic facts

A. On June 22, 2007, the Plaintiff entered into a sales contract with the Defendant for the purchase price of KRW 668,000,000 with regard to the unit price for the unit price for the unit price for the unit price for the unit price for the unit price for the unit price for unit price of 3501 (hereinafter “instant apartment”).

B. According to the instant sales contract, the Defendant paid the price as follows:

On June 22, 2007, KRW 33,400,000 for down payment, November 21, 2007; June 23, 2008; and January 21, 2009; and KRW 66,80,800 for total intermediate payment of KRW 400,000 on November 29, 2010, respectively. < Amended by Presidential Decree No. 21728, Aug. 21, 2009; Presidential Decree No. 22556, Mar. 22, 2010; Presidential Decree No. 22507, Nov. 29, 2010; Presidential Decree No. 22

C. The Plaintiff and the Defendant may take out loans from financial institutions for intermediate payments in the instant sales contract. In such a case, the Plaintiff agreed to pay a certain amount of loan interest on behalf of the Plaintiff, and the details of the agreement are as follows.

The part payment paid by the Defendant is a loan made by a national bank or Gyeongnam Bank (hereinafter referred to as "loan financial institution").

Under the business agreement with the Plaintiff, Scco Construction (hereinafter “Scco Construction”) and the lending financial institution, the intermediate payment may be loaned to the Defendant according to the credit assessment of the financial institution.

The defendant shall delegate loan funds requested by the defendant to the lending financial institution directly deposit into the designated account set forth in the contract for sale in this case, and apply for loan to the financial institution designated by the plaintiff.

Where a loan financial institution makes a request by the defendant for the transfer of ownership, establishment of a right to collateral security, or repayment of loans even after 60 days have elapsed from the registration date of preservation of ownership, the contract may be cancelled.

In such cases, the provisions of Article 3 shall apply mutatis mutandis to the disposition following cancellation.

Article 3 (Penalties) (1) When the instant sales contract is cancelled for reasons falling under Article 2 (1) and (3), 10% of the total amount of the supply price shall be reverted to the Plaintiff as penalty for breach of contract.