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(영문) 인천지방법원 2016.03.17 2015가합55348

분양대금

Text

1. The Plaintiff:

A. As to KRW 344,779,179 and KRW 109,912,00 among them, Defendant A shall be from January 1, 2013 to June 2, 2015.

Reasons

1. Basic facts

A. The Plaintiff and the Defendants’ sales contract and options construction contract 1) The Plaintiff and the Defendants concluded an apartment complex in Jung-gu, Incheon (hereinafter “instant apartment complex”) with the Defendants.

2) As to the sales contract (hereinafter “instant sales contract”) as follows:

(1) The Plaintiff paid the remainder of the sales contract on November 25, 2010, the sales contract of this case was concluded on the following dates: A 106.31,540,000 on November 331, 200,610 on November 7, 2009: 10,610,610 B B 100 on February 331, 2010 on February 10, 2010: 117,030,030, C 1303, 1304, 328,180,000 on January 25, 2010 on January 328, 204; 115,880,000, D 1302, 1308, 208, 208, 2008, 206, 2008, etc. of the sales contract of this case.

Each of the instant sales contracts determined the interest rates on delay when the Defendants delayed the payment of intermediate payment and the remainder as follows.

(Article 5(2). (A) The Plaintiff entered into an options contract with the Defendants for the expansion of balcony, etc. (Article 5(2). The additional interest rate of 5.96% on average credit (B) 1 to 30 days (A) 1 to 30% on 8.96% on 13.96% on 91 to 90% on 181% on 10.96% on 91 to 15.96% on 181% on 10.96% on 196% on 18.4% on 106.36% on 106.36% on 208, 209 on 196.36% on 40 on 19.36, 209 on 106, 209, 301 on 209, 301 on 196, 2094, 2096.36% on 25, 2019.

B. In each of the instant sales contracts in which Plaintiff’s intermediate payments are arranged and subrogated, the Plaintiff arranged an intermediate payment loan to the Defendants, and the Plaintiff’s inspection date belongs with respect to the Defendants’ intermediate payment loan obligations.