beta
(영문) 인천지방법원 2016.01.28 2015가단217088

이자대납금반환등

Text

1. The Defendant’s KRW 32,815,041 as well as the Plaintiff’s annual rate of KRW 6% from June 25, 2014 to January 28, 2016.

Reasons

1. Basic facts

A. The Plaintiff is a company that sold the Seo-gu Incheon apartment unit, and the Defendant was a buyer who sold the above apartment unit 2804 dong 4304 dong 4304 (hereinafter “the apartment unit of this case”) from the Plaintiff, and the Switzerland Construction Co., Ltd. (hereinafter “Sco Construction”) was a construction contractor of the apartment of this case and a management-based land trust agreement entered into between the Plaintiff on September 30, 2009. The Plaintiff, the Defendant, and Poco Construction entered into an apartment supply contract (Evidence 1; hereinafter “the sales contract of this case”) including the following major contents in relation to the sale of the apartment of this case:

A seller: A (Plaintiff), buyer (Defendant), and buyer: The scheduled date of occupancy of Byung (Skco Construction): April 2013 (the scheduled date of occupancy and the period of designation of occupancy). As such, Gap may subsequently change the total supply amount of KRW 54,00,00 (10%) and the intermediate payment (10%) and the intermediate payment (30%) once (30%) and 3rd (0. 15. 15. 10. 15. 4th (the 15th 10. 15th 10) and 4th (the 15th 10th 15th 10), and the 15th 5th 5th 15th 15th 12. 6th 15th 15th 12, 106, 2006; the 10th 207. 4th 207. 206th 205) of each of the following contracts.

(3) Where a financial institution requests performance on behalf of A from the financial institution because a loan has not been arranged under the business agreement of the financial institution and interest thereon has not been paid on two or more occasions due to the failure to pay the balance within three months from the end of the designated period for moving-in.