beta
(영문) 인천지방법원 2016.11.22 2016가단26739

정산금

Text

1. The Defendant’s KRW 48,224,117 as well as 5% per annum from November 1, 2014 to May 2, 2016 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On March 5, 2009, the Plaintiff concluded a sales contract with the Defendant and Seo-gu Incheon apartment No. 1901 Dong 302 (hereinafter “instant apartment”) on the following terms (hereinafter “instant sales contract”).

B The scheduled date of occupancy in B: The seller’s purchase contract for apartment units and the buyer’s "B": Article 1 of the Act on May 6, 2012: The 6th 5th 1st 2nd 3rd 4th 5th 6th 6th 431,49,47,000 129,47,00 66th 21,570 each 21,574,500 43,500 129,47,000 6,00 6, 200 7, 2010 6, 2010 6, 2010 6, 2010 6, 2010 6, 2011. The sale price shall be indicated as follows: < Amended by Presidential Decree No. 23735, Oct. 6, 2011>

Article 2 (4) Where the payment method for the part payments is made by B from a financial institution designated by A, the interest on the loan accrued from the date of the part payments loan to the first time before the first day of the occupancy designation period designated by A among the interest on the loan accrued from the part payments, the loan interest shall be paid by A on behalf of A, and the interest on the loan accrued thereafter shall be paid directly by B to the lending financial institution

(5) A shall repay the loan interest and the amount equivalent to the loan interest that A paid on behalf of pursuant to paragraph (4) to A within the period designated for occupancy by A pursuant to the contract for sale in lots, and if it is not repaid within the period, the late payment penalty provisions of Article 7(3) shall apply.

The provisions on separate discount rates shall not apply to advance payment.

(6) Any balance shall be paid not later than the expiration date of the occupancy designation notified by A.

Section 3. 【Cancellation of Contract】 (1) A may cancel this contract even after the peremptory notice is given when B performs any of the following acts:

(1) Part payments prescribed in Article 1 in arrears shall be twice a down payment in arrears, at least three times.