beta
(영문) 서울중앙지방법원 2019.04.03 2018가합534759

지체상금

Text

1. Defendant B Co., Ltd. shall pay to the Plaintiffs each money indicated in the “personal amount” sheet for calculation of the cited amount by Plaintiff 2.

Reasons

1. Basic facts

A. 1) The Defendant Company B (hereinafter “Defendant Company”) is a company that runs the business of selling housing and commercial buildings, etc., and is a company that supplied E (hereinafter “E”), which is located in Yongsan-gu, Seoyang-gu, Busan (hereinafter “instant commercial building”). 2) The Defendant C Co., Ltd. (hereinafter “Defendant trust company”) is a trustee of the business of newly constructing and selling the instant commercial building from the Defendant Company.

3) The Plaintiffs are the buyers of the instant commercial building upon entering into a sales contract with the Defendant trust company. B. As to the business of newly building and selling the instant commercial building with the Defendant trust company, the Defendant company entered into a management-type land trust contract with the Defendant company and the trustee as the Defendant trust company (hereinafter “instant trust contract”). C. From July 2016 to November 201 of the same year, the Plaintiffs entered into a sales contract with the Defendant trust company as to each of the instant commercial buildings entered in the Plaintiffs’ “Dongho” column in the Plaintiffs’ appropriation amount calculation table among the instant commercial buildings from July 2016 to November of the same year.

The main contents of each sales contract concluded between the Plaintiffs and the Defendant trust company (hereinafter “instant sales contract”) are as follows.

(A) Month of Commencement of Occupancy: Article 4 [Attachment Fee, Arrears Fee, and Compensation for Delay] (2) When a purchaser delayed the payment of an intermediate payment and any balance and the due date for payment has expired as a result of the delay in the payment of an intermediate payment and any balance, a late payment shall be made by adding a late payment charge calculated by applying the rate of arrears calculated by adding the weighted average credit rates of deposit banks (3.45% per annum: 5% per annum as of May 2016) announced by the Bank of Korea on May 2016 to the amount in arrears as follows:

(1) Less than one month: 8.45% per annum, ② 1-3 months: 10.45% per annum, and ③ 3-6 months: