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(영문) 인천지방법원 2015.12.16 2015가합54802

분양대금

Text

1. The Defendant’s KRW 357,251,686 and KRW 125,182,00 among the Plaintiff’s KRW 125,182,00 per annum from January 1, 2013 to January 30, 2013.

Reasons

1. Facts of recognition;

A. On February 10, 2010, the Plaintiff entered into a sales contract and an option construction contract, etc.) the Jung-gu Incheon Metropolitan Government apartment complex C (hereinafter “instant apartment”) with the Defendant.

(3) As to the sales contract of this case, the sales contract of this case was concluded at KRW 328,180,000 for the sales price of 112 Dong 902 (hereinafter “instant sales contract”).

A) The sales contract was concluded. The above sales contract concluded the intermediate payment of KRW 16,400,000,000 among the above sales price, and the intermediate payment of KRW 195,90,000 for six times from April 15, 2010 to May 15, 2012. The remainder payment of KRW 115,880,00 is to be paid on the date of designation of occupancy as determined by the Plaintiff. The Plaintiff paid the Defendant’s intermediate payment loans to the Plaintiff by the payment of interest on the part of the Defendant’s intermediate payment to the Defendant’s balance. (ii) The sales contract in this case determined the interest rate for delay in the contract as follows when the Defendant delayed the payment of the intermediate payment and the remainder.

Article 5 (Additional Fees, Overdue Charges and Compensation for Delay) “B” (A) shall, when the agreed payment date has elapsed due to the delay in the payment of intermediate payments and remainder, pay late payment penalties calculated by applying the sum of the average credit rates (based on household loan and new treatment) of deposit banks announced by the Bank of Korea at the time of the conclusion of the supply contract for the overdue period and the additional interest rates for each overdue period (based on the previous year on the contract date) determined by the highest bank (based on the previous year) at the market share of household funds loan market at the time of the conclusion of the supply contract for the overdue period (However, when the overdue period is less than one month, 5% per annum, which is the statutory interest rate prescribed by the Civil Act, or the highest interest rate set by the bank on the highest

Where the planned schedule of the part payment schedule is considerably delayed than the original part payment schedule, the "A" and "B" may adjust the payment schedule of the part payment through consultation.

The additional interest rate for overdue interest rate for each overdue period shall be 1 to 30% per 5% per 5% per each overdue interest rate.