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(영문) 의정부지방법원 고양지원 2017.01.13 2016가단14990

위약금 등

Text

1. The Defendant’s each of the Plaintiffs’ KRW 15,160,932 as well as 6% per annum from February 10, 2015 to May 23, 2016.

Reasons

1. Basic facts

A. The plaintiffs will be the executor of the "Da Apartment-gu, So-dong, So-gu, So-called, So-dong."

B. On May 13, 2008, the Plaintiffs decided to sell the said C Apartment Nos. 504 and 904 (hereinafter “instant apartment”) to the Defendant at KRW 697,40,000,000. On two occasions, the Plaintiffs paid the down payment to the Defendant at KRW 34,870,00 (5% of the parcelling-out price), the intermediate payment of KRW 418,440,00 (60% of the parcelling-out price), each of which was 69,740,000 each, until May 20, 2010, the remainder of KRW 24,090,000 (35%) were occupied at the time of moving-out.

(hereinafter “instant sales contract”). C.

Articles 2 and 3 of the instant sales contract include the fact that when cancel the sales contract as the buyer did not pay any balance within three months from the expiration date of the designation period of the Plaintiffs, 10% of the total value of supply should be reverted to the Plaintiffs as a penalty for breach of contract.

With respect to the interest on loans for the first, second, and third three-time part payments among the six-times of part payments, Gap (Plaintiffs) shall pay for the part preceding the date on which the occupancy is designated, and Eul (Defendant) shall reimburse the interest on loans paid to Gap (Plaintiffs) at the time of occupancy, and the interest accrued from the date on which the occupancy is designated shall be borne by Eul (Defendant).

A (Plaintiffs) shall pay for the interest accrued on three occasions in total, including part payments 4, 5, and 6, up to the day preceding the date of commencement of the designation of occupancy, and the interest accrued from the date of commencement of the designation of occupancy shall be borne by B (Defendant).

At the time of concluding the above sales contract, the Plaintiffs and the Defendant entered into an additional agreement containing the following terms on the apportionment of interest on the intermediate payment loan.

(hereinafter referred to as “instant additional arrangement”). E.

The defendant, from financial institutions that have entered into an agreement on part payments loans with the plaintiffs, the total amount of KRW 418,440,000 [the total amount of KRW 278,960,00 (one minute 69,740,000 x four times each time x the total of KRW 139,480,480 from the new bank].