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(영문) 서울고등법원 2016.05.27 2015나2032460

위약금 등

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1. Of the judgment of the court of first instance, the part against the plaintiff as to defendant B and E, which constitutes the following amount ordered to be paid:

Reasons

1. Basic facts

A. Korea Asset Trust Co., Ltd. (hereinafter “Korea Asset Trust”) is a company that sells G apartment (1 complex 79 households, 2 complex 237 households, total 316 households, and 316 households; hereinafter “instant apartment”) in trust from EPD Co., Ltd. (hereinafter “EPD”), and the Plaintiff is a company that constructed the instant apartment.

B. 1) The Defendants are entitled to each household unit of the Korea Asset Trust and the instant apartment complex two complexes as follows (hereinafter “each sales contract of this case”).

(2) On September 5, 2008, the sales contract of this case was concluded on July 30, 2008. The main contents of each of the sales contracts of this case are as follows: (a) the contractor’s sales contract of this case are as follows: (b) the contractor’s sales contract of this case in the amount of KRW 179 million in the amount of KRW 10 million in the amount of KRW 579 million in the amount of KRW 10 million in the amount of KRW 579 million in the amount of September 5, 2008.

(A) In each of the instant sales contracts, “A” is the Korea Asset Trust; “B” is the buyer; “B” is the Plaintiff respectively; “B” is the Plaintiff. Article 2 (B) (i) The loan related to the intermediate payment is within the scope of 40% of the total sales amount from the first intermediate payment after the conclusion of the contract of “B” to the extent of 40% of the total sales amount, but may be changed depending on the circumstances of the Plaintiff or the financial institution. (iii) The monthly interest repayment interest rate on behalf of the Plaintiff (joint and several surety by the soldier); and the entire repayment interest paid by the Plaintiff on behalf of the buyer shall be paid to the Plaintiff separately from the supply amount prescribed in Article 1.

The base date for burden on loan interest holders shall be the first date for designation of occupancy designated by A, and shall be the amount paid by A by the day immediately preceding the base date for the first designation of occupancy, and shall be the amount borne by B after the base date.

In addition, in the event that B does not settle the interest of the intermediate payment loan that was paid by A instead, A may restrict B's occupancy if B does not settle it.

8. Part VIII;