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(영문) 제주지방법원 2019.07.23 2018가단66236

약정금

Text

1. The Defendant’s KRW 100,800,000 per annum for the Plaintiff and six percent per annum from December 20, 2018 to July 23, 2019.

Reasons

1. Facts of recognition;

A. On August 10, 2014, the Plaintiff entered into a sales contract with D Condominium E (B) (hereinafter “instant containers”) with the Defendant, a stock company operating real estate sales business, for the purchase price of KRW 1,120,00,000, which was newly built in Jeju Island, for KRW 30,000 (hereinafter “instant sales contract”).

The main contents of the instant contract are as follows.

-Date of completion: The scheduled date of use: Article 3 (Period and Conditions for Completion and Delivery) (1) (the Defendant) shall complete completion of construction before December 31, 2014 (within 12 months after the conclusion of the contract) and obtain certification from the relevant government agency (including construction and test) within one month after completion.

(2) B shall, after paying any balance due before December 31, 2014 (within one month after completion of construction and obtaining the certification from the relevant government agency), deliver and use the following goods to A, which meet the conditions set forth in the following subparagraphs:

1.The acquisition of recognized documents or authorized documents of use issued by the management section in accordance with the laws and regulations of the area in which the article is situated.

2. The conditions shall be consistent with which water, electricity, heating, boiler, gas, telecommunications, roads, etc. are normally used;

Article 4 (Delivery of Goods) (1) After the goods comply with the scheduled terms and conditions of delivery of this Agreement, Eul shall notify Gap of such terms and conditions in writing and handle the delivery and receipt of the goods.

At the time of examination and delivery by both parties, B shall present the evidentiary documents prescribed in this Agreement and conclude a list of real estate delivery.

B B shall not refuse the inspection of containers before concluding a real estate delivery list.

In the event that B does not present any supporting document or lack of supporting documents, A has the right to refuse to issue and the time for delivery due to which the time for delivery has been postponed.