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(영문) 인천지방법원 2018.02.07 2016가단60579

정산금

Text

1. The Defendant’s KRW 68,036,520 as well as the annual rate of KRW 5% from May 1, 2015 to December 30, 2016 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On March 5, 2009, the Plaintiff entered into a contract with the Seo-gu Incheon Metropolitan Government 221 Dong (former 1901 Dong) (hereinafter “instant apartment contract”) to expand the sale and balcony (hereinafter “instant apartment contract”). The Defendant succeeded to B’s rights and duties on June 17, 201, and the main contents of the instant contract are as follows.

On May 6, 2012, the sales contract in this case was sold to the Plaintiff “A” and the buyer “B”: The remainder of the first and second 2th 5th 5th 6th 5th 1st 5th 5th 2,270,563,00 each 45,127,127,000 135,381,000 payment deadline on June 15, 2009, the sales contract was sold to the Plaintiff “B” and the buyer “B”: the payment method of the purchase price shall be made to the Plaintiff at the following price on October 6, 2011: < Amended by Presidential Decree No. 23746, Oct. 16, 2011>

Article 2 (4) Where the payment method for the part payments is made by B from a financial institution designated by A, the interest on the loan accrued from the date of the part payments loan to the first time prior to the first day of the occupancy designation period designated by A among the interest on the loan accrued from the part payments, the loan interest shall be paid by A on behalf of A, and the interest on the loan accrued thereafter shall be paid directly by B to the lending financial

(5) A shall repay the loan interest and the amount equivalent to the loan interest that A paid on behalf of pursuant to paragraph (4) to A within the period designated for occupancy by A pursuant to the contract for sale in lots, and if it is not repaid within the period, the late payment penalty provisions of Article 7(3) shall apply.

The provisions on separate discount rates shall not apply to advance payment.

(6) Any balance shall be paid not later than the expiration date of the occupancy designation notified by A.

Section 3. 【Cancellation of Contract】 (1) A shall, even after the peremptory notice is given, engage in any of the following conduct: