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(영문) 인천지방법원 부천지원 2018.01.31 2017가단10437

정산금

Text

1. The Defendant’s KRW 70,482,224 as well as the Plaintiff’s annual rate of KRW 6% from May 5, 2012 to July 4, 2017.

Reasons

1. Basic facts

A. On April 13, 2009, the Plaintiff concluded a sales contract with the Defendant and Kimpo-si B apartment No. 306, 1004 containing the following (hereinafter “instant sales contract”).

Article 1 (Methods for Payment of Sale Price)

1. A (the plaintiff, hereinafter the same shall apply) shall supply the above indicated property by the following methods, and B (the defendant, hereinafter the same shall apply) shall pay the corresponding amount to the bank and account designated by A:

(b) The payment method (unit: 120,000,75,120,75,120,000,75,120,120,413,150,000, 150,000, carried over to the remainder of 33,270,00 on the date of the designation of occupancy ( October 25, 09), 3th ( October 25, 208) ( October 25, 200), 4th ( October 25, 200), 5th ( October 25, 209) ( October 25, 209) ( October 25, 209) (6th ( October 25, 205) (33,25), 6th ( October 25, 109) (33,

3. Where part of the supply price under paragraph (1) is appropriated for a loan from a financial institution arranged by Gap, the following matters shall be performed:

(6) Where a contract for sale in lots is cancelled due to a cause attributable to B, B shall pay the interest on loans paid by B separately to A or deduct the penalty to be refunded to B from the refund refund after deducting the penalty to be refunded by A.

[Cancellation of Contracts]

1. A may cancel a contract without a separate peremptory notice, where B has committed any of the following acts:

(2) Where the balance is unpaid within three months after the end of designation of occupancy.

3. B may rescind this contract in cases where it is impossible to move into within three months from the scheduled date of move into due to any cause attributable to A.

Article 3 [Penalties and Refund]

1. When this contract is terminated for reasons falling under any subparagraph of Article 2(1), the total amount of supply shall be reverted to A as penalty for breach of contract;

3. When the contract is cancelled for B to which a loan has been extended, the interest expenses paid by A, in addition to the penalty, shall be separately paid for the penalty.

Article 2 (Cancellation of Contracts)

3. Where the apartment supply contract is cancelled or cancelled, this contract shall also be cancelled or cancelled;