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(영문) 인천지방법원 2016.07.19 2015가단236133

이자대납금반환등

Text

1. The Defendant’s KRW 31,059,364 for the Plaintiff and KRW 6% per annum from June 27, 2014 to July 19, 2016.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company in charge of the management-type land trust agreement concluded with the Plaintiff on September 30, 2009 (Article 8(4)(e)) under the management-type land trust agreement entered into between the Plaintiff and the Plaintiff as a contractor of the above apartment (hereinafter “Sco Construction”) and the company in charge of the management of the above apartment sale contract and the buyer.

B. On January 22, 2010, the Plaintiff and Bosco Construction concluded a sales contract (hereinafter “instant sales contract”) with the Defendant with regard to the said apartment Nos. 2801, 4601 (hereinafter “instant apartment”).

B The scheduled date of occupancy of the Plaintiff A, the buyer B, the Defendant B, and the Poco Construction: (The scheduled date of occupancy and the period of designation of occupancy may be altered by the process, etc.) April 2013, Article 1 (Supply Price and Payment Method) (The Party A designated later and the individual notification method) of the total supply amount of KRW 645,80,00 (10%) intermediate payment (60%) (30%) 2 (5%) 3th (10%) 4th (10%) 5th (10%) 10%) 5th (10%) 5th (10%) 6th (10%) 10%) 5th (10%) 5th (10%) 10%) 10th 16th 205th 10, 2015. 10. 216th 205, 2015. 10. 216th 2015. 2105

(3) In cases where a financial institution requests performance on behalf of a party A due to the failure to arrange a loan under the business agreement of the financial institution and to pay interest thereon, etc. on behalf of the party A, it shall pay the interest, etc. to the financial institution even if a peremptory notice has been given two or more occasions with a grace period of not less than 14 days fixed.