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(영문) 서울중앙지방법원 2017.08.22 2015가단64252

구상금 등

Text

1. The Defendant shall pay to the Plaintiff KRW 10,652,00 and the interest rate of KRW 15% per annum from June 13, 2017 to the day of complete payment.

Reasons

1. Basic facts

A. The Unaccompanied Comprehensive Engineering Co., Ltd. (hereinafter referred to as the “Unaccompanied”) newly constructed and sold D Apartment, which is an apartment house with a scale of 3,000 units on the ground of 169,840 square meters above 34 square meters outside Busan Nam-gu, Busan, and 34,000 square meters (hereinafter referred to as the “instant apartment”), and the Plaintiff is a contractor who was awarded a contract for the construction of the instant apartment from unaccompanied.

B. On April 7, 2005, the Defendant concluded a sales contract (hereinafter “instant sales contract”) with the total sales price of KRW 395,200,00 with respect to the instant apartment Nos. 104 and 806 as follows. Of the sales price, (i) out of the above sales price, the down payment shall be divided into the first down payment which is about 5% of the sales price and the second down payment which is about 10% of the sales price, and (ii) Sheshe shall pay the down payment in six installments at the rate exceeding 65% of the sales price, and (iii) the balance 20% of the sales price shall be paid at the time of occupancy.

[this case's sales contract] The implementer's free delivery refers to "A", and the purchaser "B" refers to the purchaser "B," and the apartment supply contract between Gap and Eul is concluded as follows.

Article 1 (Supply Prices and Payment Methods)

3. From the total sale price, 10% of the down payment under Paragraph 1 and 10% of the total intermediate payment from the first intermediate payment to the fourth intermediate payment are the interest payment system in which Party A mediates a loan to Party B and pays the balance and interest on the loan when taking occupancy together.

4. Interest from an intermediate payment to be loaned shall be paid by Party A, and the period shall be until the commencement date of designation of occupancy.

Article 2 (Cancellation of Contracts)

1. Where A has committed any of the following acts, A may cancel this contract after peremptory notice has been given, if no performance is made:

3. Where the financial expenses incurred in relation to the remainder and interest payment system have not been paid within three months after the expiration date of the designation of occupancy.

2.B may rescind this Agreement if it is not possible to move into within three months from the scheduled date of occupancy due to reasons attributable to A.

Article 3 (Penalty) 1.