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(영문) 서울중앙지방법원 2020.06.10 2020나86

위약금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On March 21, 2018, the Plaintiff entered into a supply contract with the Defendant with respect to the supply amount of KRW 208,900,000 with respect to the Incheon-si C Multi-Family Housing D (hereinafter “instant contract”). The main contents are as follows.

C Apartment Supply Contract (Supply Price and Payment Method) Article 1 (Supply Price and Payment Method) 208,90,000 won (60%) 3 times (10%) 4 (10%) 5 times (10%) 6 times (10%) 6 times (10%) 10,000,000 won (10%) 10,000 won) 10,000 won on March 29, 2018, 203 March 29, 2018, 2018. < Amended by Act No. 15530, Mar. 29, 2018; Act No. 15583, Mar. 29, 2018; Act No. 1500, Jul. 7, 2000; Act No. 15506, Oct. 29, 2018>

6. Where “B” has received a loan from a lending institution under the loan agreement of “B” and then the lending institution requests the “B” or the “B” corporation to pay the principal and interest of the loan to the “B” or the “B” corporation due to a cause attributable to the said lending institution, or where the financial institution requests the “B” or the “B” corporation to refund the principal and interest of the loan to the “B” or the “B” corporation pursuant to the loan agreement entered into separately with “A” or the financial institution, even if the “B” has set a grace period of at least 14 days and notified at least two times, the “B” is unable to resolve the cause of vicarious payment (where the contract is terminated, the “B” shall return the remaining amount after deducting the amount of subrogation and the penalty from the price of parcelling-out which the “B” has already paid”).

(3) Where an intermediate payment loan has been granted and a loan with no interest, B shall pay the interest expenses paid by A.

5. Where this contract is terminated, loans that “B” has received from financial institutions pursuant to the “A” or the “B”’s guarantee (loan Agreement).