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(영문) 서울중앙지방법원 2014.07.01 2014가합25899

양수금 등

Text

1. As to KRW 743,477,470 among the Plaintiff and KRW 396,826,050 among the Plaintiff, the Defendant shall be annually from June 14, 2013 to May 1, 2014.

Reasons

1. Basic facts

A. The Plaintiff is a constructor who entered into a contract for new apartment construction works with B reconstruction and rearrangement project partnership (hereinafter “instant partnership”) that is the implementer of the housing reconstruction project, and the Defendant is a member of the instant association.

B. On June 23, 2008, the Defendant concluded a sales contract by recognizing the sale price of D apartment 102,694,800 won as KRW 62,750,00 with regard to D apartment 102,903, and the amount of rights among them as KRW 62,750,000 with regard to D apartment 102,90.

The remainder of the down payment of down payment has increased to KRW 135,856,050 after the general meeting of the union members on August 25, 2012.

(2) On June 25, 2009, on December 25, 2008, when the agreed payment date has elapsed due to the delay in the payment of intermediate payments and remainder on December 25, 2009, on December 25, 2009, 115,980,990,990,000 86,990,990,000 86,990,000 116,004,004,804,800 116,004,000,000 and Article 5 (Appropriation Order of Appropriation, hereinafter the same shall apply) of the schedule for late payment (the foregoing shall apply) (2) "B" shall apply to the number of days elapsed by the Bank of Korea at the time of the late payment contract to the highest interest rate on new loans (based on new loans, new loans) or late payment rate set by the Bank at the highest interest rate set at the rate of five (1) months in arrears in the previous year.

“A” and “B” may adjust the payment schedule of the part-time payment by mutual agreement, where the planned construction schedule significantly delays the payment schedule for the part-time payment (the additional interest rate for the delay period shall be 5% 6.89% per 30% per annum 1 to 30% per annum 11.89% per annum 89% per annum 31-90% per annum 89% per 6.89% per 9% per 9% per 91-180% per annum 95.89% per 181% per annum 15.89% per annum 181%, but 10% per annum 6.89% per annum 16.89% per annum; hereinafter the same shall apply) and “B.