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(영문) 전주지방법원 2020.02.06 2019가합4617

연체료반환

Text

1. The Defendant’s KRW 1,117,362,430 as well as 5% per annum from August 13, 2019 to February 6, 2020, and the following.

Reasons

1. Facts of recognition;

A. On January 26, 2018, the Plaintiff entered into a sales contract with the Defendant to purchase the site for a major complex facility with the value of KRW 28,720,936,00,00 with the value of KRW 28,720,81.9 square meters from the Defendant in Jeonjin-gu, Seoul Special Metropolitan City.

(hereinafter referred to as the “instant contract”). Article 1 (Sale Price and Method of Payment) (1) The buyer shall purchase the land from the seller at the following price and pay the sale price (referring to the principal at the discount, including the settlement money) to the seller in accordance with the following method of payment:

(2) The sale price shall be paid in full in installments or within 60 days from the date of conclusion of the contract within six months from the date of the contract. < Amended by Presidential Decree No. 2061, Jul. 25, 2018; Presidential Decree No. 20352, Apr. 14, 2018; Presidential Decree No. 20347, Jul. 11, 2018; Presidential Decree No. 23420, Jul. 25, 2018; Presidential Decree No. 24420, Jul. 28, 2018; Presidential Decree No. 24447, Dec. 26, 2018>

Provided, That if the seller deems that there are special circumstances, the payment date may be postponed within six months.

(4) Where the deadline for payment has been postponed under paragraph (2), the overdue interest under Article 2 shall be additionally paid.

If the purchaser under Article 2 (Amount of Damages for Delay) fails to pay the proceeds from the sale under Article 1 (referring to the principal of the installment) within the deadline set forth in Article 1 (1), the deadline for payment may be extended by up to one month. In such cases, the purchaser shall pay the overdue interest calculated by applying the overdue rate calculated by adding the interest rate of the general loan of the Si treasury to the actual payment date from the following day of the payment agreement to the overdue

Article 5 (Cancellation of Contracts) (1) A contract may be rescinded in any of the following cases: (a) a contract may be rescinded for the overdue interest rate of not more than 30 days in arrears for the overdue period of not less than 6% but not more than 7% but not more than 90 days to not more than 90 days:

1. When the purchaser has failed to pay the sales price within the extended period of payment stipulated in Article 2;

4. When the buyer has submitted the written waiver before the payment period; and