beta
(영문) 서울서부지방법원 2016.08.18 2015가합38682

분양대금

Text

1. The Plaintiff:

A. As to Defendant B’s KRW 670,704,423 and KRW 542,741,845 among them, Defendant B shall be from November 27, 2015 to March 29, 2016.

Reasons

1. The facts under the recognition of facts may be found to be either in dispute between the parties or in each entry in Gap evidence 1 to 5 (including branch numbers, if any; hereinafter the same shall apply) by reference to the whole purport of the pleadings.

The plaintiff is the Housing Reconstruction and Improvement Project Association established to implement the Housing Reconstruction Project in Yongsan-gu Seoul Metropolitan Government and two parcels above ground, and the defendants are the members of the plaintiff.

B. 1) On June 20, 201, the Plaintiff sold 103 units of apartment units and 1402 units to Defendant B, which will be newly constructed as the above rearrangement project, and on June 23, 2011, each of the above units of apartment units 102 units and 1801 units of apartment units to Defendant C were sold to Defendant C. The shares and payment method to be paid by the Defendants are as follows: (a) the amount of the shares and payment method to be paid by the Defendants is “won” unit (hereinafter “instant sales contract”).

2) On the other hand, on the other hand, the sales contract of this case between the sales contract of this case and the sales contract of this case as follows: (a) the sales contract of this case on December 26, 2013, 2013. < Amended by Presidential Decree No. 11842, Aug. 25, 2014; Presidential Decree No. 18410, Oct. 27, 2014; Presidential Decree No. 17875, Oct. 27, 2014; Presidential Decree No. 17870, Oct. 27, 2014; Presidential Decree No. 188510, Oct. 27, 2014; Presidential Decree No. 17804, May 27, 200, 2005; Presidential Decree No. 188874, May 27, 200, 2005>

(A) Under the contract, “B” refers to each of the Defendants). Article 9 (Late Payment Fee and Compensation for Delay) (1) “B” refers to the late payment due to delay in the payment of intermediate payment and the remainder and the late payment due to the expiration date of the contract, the sum of the standard average credit rates of deposit banks (No. 2011-05-30 of the official gazette 201-1-05-30 of the household loan and the standard for new treatment of household loan, 5.42% per annum for each overdue period as determined by the highest bank share in the household loan market (based on the contract day) and 8-10% per annum for each overdue period (Provided, That in the event of arrears of less than one month, 5% per annum which is the statutory interest rate under the Civil Act or the highest interest rate set by the highest bank share in the loan market for machinery and equipment) is below the late payment rate.