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(영문) 수원지방법원성남지원 2015.11.12 2015가단207128

이자대납금반환등

Text

1. The Defendant’s KRW 44,101,506 and any of them to the Plaintiff

(a) From June 27, 2014 for KRW 42,047,826;

B. 2,053.

Reasons

1. Facts of recognition;

A. On January 19, 2010, the Plaintiff concluded the instant sales contract with the Defendant regarding the Seo-gu Incheon Apartment Construction Co., Ltd. (hereinafter “Sco Construction”) 2801 Dong 2602 (hereinafter “instant apartment”).

its key

Details are as follows:

Article 1 (Supply Price and Payment Method) The 1st ( October 15), 2th ( October 15), 4th ( December 15, 10), 5th ( March 15), 6th ( December 15), 39, 915,00 won, each of 39,915,00 won, 79,830,000 won, 239, 490, 200 (2) (15. 15. 12. 16. 6th ( July 16, 12) of the date of designation of occupancy (39,915,00 won, 239, 490, 200 won, 239, 490 won, and 2 (1) of the contract) of the first (2nd (30. 28. 10. 20) of the contract may not be rescinded after the cancellation of the contract.

(2) When the contract is terminated for reasons falling under Article 4 (1) and (3) when the balance is not paid within three months from the end of the designated period for moving-in, and a grace period of at least 14 days has not been set and notified twice or more and the total supply price shall revert to A, as penalty, to the penalty for breach of contract.

(3) In the case of paragraphs (1) and (2) of this Article, Gap shall refund to Eul the amount already paid by Eul (in the case of paragraph (1) of this Article, the penalty shall be deducted) plus the interest equivalent to 3% per annum from the day of each receipt until the day of return.

Provided, That where a loan has been arranged by a financial institution's business agreement, A may deduct the principal and interest of the loan (including the interest paid by A through a loan made in installments) and repay the balance to B on behalf of the lending financial institution, and refund the balance to B.

Article 17 (3) of the occupancy procedure and management expenses (3) shall be borne by the management expenses regardless of whether or not to move in from the date following the end of the period designated by A for occupancy.

Article 19 (Loan for Payment after Interest Payment)