beta
(영문) 부산지방법원 2015.02.12 2014가합49244

위약금등

Text

1. The Defendant shall pay to the Plaintiff KRW 158,58,382 as well as 20% per annum from October 16, 2014 to the date of full payment.

Reasons

1. Facts of recognition;

A. On June 22, 2007, the Plaintiff sold at KRW 1,438,200,000 (hereinafter “instant apartment contract”) an apartment A-dong 5701 (hereinafter “instant apartment”) in Busan-gu, Busan-gu, Busan-do (hereinafter “instant apartment”) to B (hereinafter “instant apartment contract”); and B paid the down payment of KRW 71,910,000 to the Plaintiff on June 27, 2007.

B. On July 12, 2007, the Defendant succeeded to all the rights and obligations under the instant sales contract from B, and completed the payment of KRW 862,920,000,00 for loans granted from the National Bank Co., Ltd. which entered into the business agreement with the Switzerland Construction Co., Ltd. and the Gyeongnam Bank at six times from November 21, 2007 to November 29, 2010, as described in paragraphs (2) and (3) of the attached Table.

C. Meanwhile, there are the following agreements on the instant sales contract.

Article 3 (Penalties) (1) When the contract is terminated for reasons falling under Article 2 (1) and (3), 10% of the total supply price shall be reverted to the plaintiff as a penalty.

(2) When this contract is terminated for reasons falling under Article 2 (4), the plaintiff shall pay 10% of the total supply price to the defendant as penalty.

(3) In the case of paragraphs (1) and (2) of this Article, the plaintiff shall refund to the defendant the amount already paid by the defendant (the penalty shall be deducted in the case of paragraph (1)), plus the interest equivalent to 3% per annum from the date of receipt to the date of

[Provided, That where a loan has been arranged by the business agreement of the plaintiff, the plaintiff and the administrator of a mutual savings bank, and the financial institution, the plaintiff may deduct the principal and interest of the loan (including the interest paid by the plaintiff when making a loan with interest payment in installments) and repay the balance to the lending financial institution on behalf of the lending financial institution and refund the balance to the defendant] Article 15 (Agreement on Loan with Interest-Free Loan) (5) The defendant did not transfer ownership and set up a collateral security or repay the loan even after the lapse of 60 days from registration of initial ownership

A person shall be appointed.