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(영문) 인천지방법원 2016.01.08 2015가단212397

이자대납금반환등

Text

1. The Defendant’s KRW 40,020,277 as well as the Plaintiff’s annual rate of 6% from June 27, 2014 to January 8, 2016.

Reasons

1. Facts recognized;

A. The Plaintiff is a company in charge of the management-type land trust agreement entered into with the Plaintiff on September 30, 2009 (Article 8(4)(e)) under the management-type land trust agreement entered into between the Plaintiff and the Plaintiff as the company that sold the Seo-gu apartment unit B, Incheon, and the Poco Construction Co., Ltd. (hereinafter “Poco Construction”).

B. On January 12, 2010, the Plaintiff and Bosco Construction concluded a sales contract (hereinafter “instant sales contract”) with the Defendant on the said apartment Nos. 2801, 4202 (hereinafter “instant apartment”) containing the following contents.

The scheduled date of occupancy of the Plaintiff “A”, “B”, and “Scco construction disease”: April 2013 (the scheduled date of occupancy and the period of designation of occupancy may be somewhat changed according to the process, etc., so that the Plaintiff would later designate and notify the Plaintiff of the remaining sum of the down payment and payment method (10%) (10%) of the intermediate payment (60%) (30%) of Article 1 and the first 36th 4th 5th 2, 2010 at the time of the second 15th 2, 2010, July 15, 2010, the sales contract of this case may not be cancelled in the following cases: < Amended by Presidential Decree No. 10426, Mar. 15, 2010; Presidential Decree No. 18704, Jul. 15, 2011; Presidential Decree No. 17503, Mar. 2004; Presidential Decree No. 17875, 1, Mar. 2004, 2008>

(3) Where a financial institution claims payment on behalf of Company A on more than 14 days due to the failure to pay any balance within three months from the end of the designated period for moving-in, and the failure to pay the balance under the business agreement of the financial institution, and the interest agreed upon, on more than two occasions, it fails to pay the interest, etc. to the financial institution or fails to pay the loan by the maturity date of the part payment loan, even if the peremptory notice is given two or more times with a grace period of not less than 14 days.