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(영문) 부산지방법원 2015.04.16 2014가단253664

위약금 등

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 6,843,178 to the Plaintiff (Counterclaim Defendant) and its related amount from September 16, 2014 to April 16, 2015.

Reasons

The principal lawsuit and counterclaim shall also be deemed to have been filed.

Basic Facts

A. On February 27, 2004, the trade name of the Plaintiff (the “Plaintiff”) was changed to the “Daol Real Estate Trust”, and thereafter, on March 27, 2009, the “Daol Trust” was changed to the “Daol Trust” on April 2, 2010, and the “Plaintiff was changed to the Plaintiff on December 6, 2013,” and the “Plaintiff” was changed to the Plaintiff on March 23, 2011 (hereinafter “Plaintiff”) between B and Busan, Seo-gu Busan, Busan (hereinafter “instant apartment”) with respect to the supply price of KRW 741,40,000 (hereinafter “instant apartment sales contract”).

(B) On March 23, 2011, the instant sales contract received KRW 37,070,000 from B according to the instant sales contract.

B. On September 26, 2011, the Defendant succeeded to all rights and duties under the instant sales contract from B.

C. Articles 1 and 15 of the instant sales contract provide that, with respect to the payment of the intermediate payment (60% of the supply price) of the instant apartment, B shall receive the full payment as the principal debtor pursuant to the business agreement between the Plaintiff, D & Gyeongnam Bank, a corporation, and the financial institution, and the Plaintiff, pursuant to the business agreement between the Plaintiff, D and Gyeongnam Bank, a financial institution. However, the said financial institution shall pay a considerable amount of intermediate payment to the Plaintiff’s national bank account from each payment date to the intermediate payment date, and the part

B paid a total of KRW 444,840,00 in the instant sales contract by the aforementioned method on April 6, 2011, and the Plaintiff paid KRW 11,679,543 out of the loan interest.

The Defendant’s remaining payment date under the instant sales contract is specified as at the time of occupancy, and the period of designation of occupancy of the instant apartment (from June 30, 2011 to September 30, 201) has passed, but the said B and the Defendant paid the remainder of the supply price to the Plaintiff.