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(영문) 서울서부지방법원 2015.03.26 2014가합35297

위약금 등

Text

1. The Plaintiff:

A. Defendant A’s KRW 128,464,915 as well as 5% per annum from October 9, 2014 to March 26, 2015.

Reasons

Basic Facts

The Defendants concluded a contract from the Korea Asset Trust Co., Ltd. (hereinafter “Korea Asset Trust”) under which each household unit of G Apartment (hereinafter “the apartment of this case”) located in the Hanmun-gu, Seocho-gu, U.S. F (hereinafter “the apartment of this case”) wishes to purchase the apartment of this case as indicated below (hereinafter “each sales contract of this case”).

On August 4, 2008, the contract deposit for the same use as the contract date A. 4, 202-2202 483,000,000,000 B on August 29, 2008, 202-2301 475,000,000,000 C on July 31, 2008, 203-18021,095,000,000,30,000 D on July 1, 200 D 203-203-1,0021,095,000,000,000, 300,000 intermediate payment for each of the following loans and intermediate payment for the following reasons: < Amended by Presidential Decree No. 18174, Jul. 1, 2009; Presidential Decree No. 17095, Jul. 1, 2009>

(However) However, “A” means the Korea Asset Trust, “B,” “B” means the Defendants, the buyer of which, and “B” means the Plaintiff, the Plaintiff, the contractor of which. In addition, “A” means the monthly repayment interest to be borne by “B” in relation to a loan agreement after the late payment of interest on the part payment (e.g., mid-term and late payment of interest). “B” means the payment on behalf of “B” (joint and several sureties), and “B” means the repayment interest paid in lieu of “A” in addition to the supply amount prescribed in Article 1 at the time of occupancy. The base date for the burden on the lender shall be the date of the first occupancy designated by “A”, “B” shall be the date of the first occupancy designation, and “B” shall take the burden after the base date on which “A” shall be the date of the first occupancy designation. In addition, if “B” does not settle to “B” when the lender of an intermediate payment is located in lieu of “B”, “B” may not voluntarily cancel the payment after payment.

Provided, That where a contract is terminated inevitably under the recognition of "A", "A" has already been paid by the date of request for the cancellation of the contract.