beta
(영문) 인천지방법원 2016.01.27 2015가단227092

이자대납금반환등

Text

1. The Defendant’s KRW 46,322,851 as well as the Plaintiff’s KRW 6% per annum from June 27, 2014 to April 23, 2015.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that sold the apartment unit B in Seo-gu Incheon Metropolitan City, and Posco Construction Co., Ltd. (hereinafter “Posco Construction”) is a company that takes charge of the management-type land trust agreement concluded between the Plaintiff, etc. on September 30, 2009 (Article 8(4)(e)) under the Special Agreement on the Management-type Land Trust Contract (Article 8(4)(e)).

B. On January 20, 2010, the Plaintiff and Bosco Construction concluded a sales contract (hereinafter “instant sales contract”) with the Defendant on the said apartment Nos. 2801, 4103 (hereinafter “instant apartment”) containing the following contents.

A seller: A (Plaintiff), B (Defendant), and C (Skco Construction): The scheduled date of occupancy: D (the scheduled date of occupancy and the period of designation of occupancy) April 15, 2013: Since A may be somewhat changed depending on the process, etc., A may later be designated and notified) the total supply amount of KRW 834,400,00 (10%) intermediate payment (30%) and the intermediate payment (60%) once (30%) and twice (0. 15. 15. 10. 15. 10. 15. 4 (20. 15. 15. 12. 15. 6. 15. 12. 6. 10, 100, 200, 207 10. 4. 15. 20, 200, 207. 15. 20, 207. 4. 27. 15. 20. 207. 1. 27. 1. 20. 1. 1. 15

(3) Where a financial institution requests implementation on behalf of A due to the failure to arrange a loan under the business agreement of the financial institution and to pay interest agreed upon, etc., 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 (3) A and C, and the financial institution claims payment on behalf of A, even if a grace period of at least 14 days is set and notified at least two occasions, the loan is not paid by B to the financial institution or is outstanding until the maturity of an intermediate