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(영문) 서울중앙지방법원 2019.11.29 2019가합517591

분양대금 반환 등 청구의 소

Text

1. The Defendant’s KRW 1,082,520,000 and KRW 120,280,00 among the Plaintiff, respectively, shall be KRW 240,560,00 from July 1, 2016.

Reasons

Basic Facts

The scheduled completion date: January 1, 2018; the scheduled date of use: Article 2 (Sale Price and Payment Method) ① Sale Price 1,202,80,000 won. ② The Plaintiff shall pay the sale price under paragraph (1) to the Defendant as follows:

(3) When the Plaintiff fails to pay the amount to be paid under this contract by the due date after completion of each contract of KRW 3,6,9,120 of the respective contract dates of KRW 240,560,560,00 for the first to fourth part of the contract date of KRW 120,280,000, the date of payment of the installment payment of KRW 3,6,9,120,280,000.

④ If the Defendant becomes unable to use the instant loan due to the delay of the completion of the facility by the scheduled date of use, etc., compensation shall be paid in accordance with the overdue interest rate under paragraph (3) to the sales price already paid from the scheduled date to the date of actual use, or deducted from the remaining sales price.

Provided, That this shall not apply where B may use any container other than the relevant container or where the completion site is inevitable due to unavoidable reasons.

Article 11 (Cancellation of Contract) (4) In cases where the loan of this case is unable to be used for more than three months from the scheduled date of use of the loan of this case due to the Defendant’s completion delay, etc., or where the Defendant’s performance of contract becomes impossible, the Plaintiff may rescind the contract.

Provided, That this shall not apply where the defendant can use other containers than the relevant containers or where the delay in the completion thereof is due to a cause not attributable to the defendant, such as a natural disaster.

On December 2, 2016, the Plaintiff entered into a contract with the Defendant for the purchase of KRW 1,202,80,000 (hereinafter “instant loan”) of KRW 1,50,00,000 with the Hanwon-gun C loan (hereinafter “instant loan”).