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(영문) 서울고등법원 2015.10.23 2015나2008115

매매대금

Text

1. Of the part against Defendant B in the judgment of the court of first instance, the following additional payments are the amount to be ordered:

Reasons

1. Basic facts

A. The Plaintiff and D jointly carried out the new aggregate building (hereinafter “the instant building”) with the mutual name “F” in the land outside the Si of Gunsan-si, E, and entered into a sales contract with the Defendants as follows. The Plaintiff and D received the down payment for each sales contract from the Defendants.

On November 25, 2009, the intermediate payment (payment on the day of the contract) of the buyer’s purchase price of the object (payment on the day of the contract) (payment on the day of January 12, 201) (payment at the time of completion) of the intermediate payment (payment on November 12, 201), KRW 20 million in KRW 30 million in KRW 56 million in KRW 146,65 million in KRW 146, December 4, 2009, Defendant C 1378 KRW 2.117.15 million in KRW 22 million in KRW 330 million in KRW 63,2150,00 won in KRW 1390 KRW 16.5 million in KRW 3 million in KRW 30,500,000 in KRW 565 million in KRW 5,500,000 in total)

B. The Plaintiff and D stated only the above trade name in the seller column of each sales contract and affixed a seal under the same name as its trade name, and Article 2(3) of the sales contract stipulates that the sale price shall be paid only to the bank account in the name of “D(A)”.

In addition, the main contents of the sales contract printed with the same text are as follows:

Article 4 [The scheduled date of occupancy and the period of designation of occupancy shall be later designated, individual notification key] of the scheduled date of May 2010 (the scheduled date of occupancy and the period of designation of occupancy) (1) The period of occupancy shall be one month from the date of commencement of occupancy, and the "A seller" shall be notified of the date of commencement of occupancy in writing to "B (Buyer)" 30 days prior to the date of commencement of occupancy.

(3) "B" shall bear management expenses, heating expenses, etc., regardless of whether the occupancy period expires or not from the date following the expiration date.

(Ma) Article 5 [Supplementary Interest] (1) "B" shall apply the overdue interest rate of 18% per annum to the amount of arrears where the payment of the down payment, intermediate payment, or balance is made after the payment date, adding the overdue interest calculated according to the number of delayed days to "A".

Provided, That the number of days of arrears shall be the same.