beta
(영문) 인천지방법원부천지원 2017.10.25 2017가단7721

정산금

Text

1. The Defendant: KRW 61,772,245 for the Plaintiff and KRW 6% per annum from May 5, 2012 to May 17, 2017.

Reasons

1. Basic facts

A. On May 12, 2009, the Plaintiff sold to the Defendant KRW 628,140,00 in the supply price of KRW 106,201 apartment B at Kimpo-si, Kimpo-si to the Defendant. The Plaintiff sold the sales contract (hereinafter “instant sales contract”) containing the following contents, Article 1 (Methods for Payment of Sale Price)

1. A (the plaintiff, hereinafter the same shall apply) shall supply the above indicated property by the following methods, and B (the defendant, hereinafter the same shall apply) shall pay the corresponding amount to the bank and account designated by A:

(b) The payment method (unit: prime: 62,810,000,62,810,000,810,000,408,295,000, carried over to the remainder of 31,415,00 as of the date of the designation of occupancy (0.25, 08.25, 08.25) 5th (10.25, 10.25, 10.25) 6th (10.25, 10.25) 6th (10.25, 106.25, 00) of the remainder of the intermediate payment in the contract of down payment; and

3. Where part of the supply price under paragraph (1) is appropriated for a loan from a financial institution arranged by Gap, the following matters shall be performed:

(6) Where a contract for sale in lots is cancelled due to a cause attributable to B, B shall deduct the interest on loans paid by B from the refund amount calculated by deducting the penalty to be refunded by A, from the refund amount.

[Cancellation of Contracts]

1. A may cancel a contract without a separate peremptory notice, where B has committed any of the following acts:

(2) Where any balance remains unpaid within three months after the date on which the designation of occupancy is completed, Article 3 (Penalties for Penalty and Refund)

1. When this contract is terminated for reasons falling under any subparagraph of Article 2(1), the total amount of supply shall be reverted to A as penalty for breach of contract;

3. When the contract is cancelled for B to which a loan has been extended, the interest expenses paid by A, in addition to the penalty, shall be separately paid to A.

was concluded.

B. On May 12, 2009, the Defendant paid the down payment of KRW 31,415,000 to the Plaintiff, and received an intermediate payment loan from a financial institution, and paid the intermediate payment of KRW 188,430,00 (=62,810,000 x 3).

On the other hand, the plaintiff on May 12, 2009.