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(영문) 서울중앙지방법원 2017.10.31 2015가단19115

구상금 등

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 1,988,566 to the Plaintiff (Counterclaim Defendant) and its related amount from October 14, 2017 to October 31, 2017.

Reasons

1. Basic facts

A. The Unaccompanied Comprehensive Engineering Co., Ltd. (hereinafter “Unaccompanied”) newly constructed and sold D apartment (hereinafter “instant apartment”) which is a multi-family housing with a scale of 3,000 units on the land of 169,840 square meters above 34 square meters outside Busan Nam-gu, Busan, and 34,000 square meters, and the Plaintiff is a contractor who was awarded a contract for the construction of the instant apartment from unaccompanied.

B. On May 18, 2005, the Defendant concluded a sales contract under the following terms and conditions (hereinafter “instant sales contract”) with the sales price of KRW 407,60,000 for the instant apartment Nos. 108, 1305 as to the instant apartment Nos. 108,205.

[this case's sales contract] The implementer's free delivery refers to "A", and the purchaser "B" refers to the purchaser "B," and the apartment supply contract between Gap and Eul is concluded as follows.

Article 1 (Supply Prices and Payment Methods)

1. The down payment shall be the first 20,300,000 won in the contract, the second 40,760,000 won in July 20, 2005, the intermediate payment shall be the first 40,760,000 won in December 20, 2005, the second 61,140,000 won in May 20, 2006, and the third 40,760,760,000 won in October 20, 2006, and the second 40,760,000 won in March 20, 2007, and the remainder shall be paid at the time of August 20, 2007, the second 5,70,000,000 won in the first 40,000,000 won in the first 20,006,667,208,606,67,2008.

According to the interest late payment system, A loans arranged to B is 50% of the total sales price from the first intermediate payment to the fourth intermediate payment, including 10% of the second down payment.

3. The sum of 10% of the total sales amount and 10% of the total sum of 10% of the second down payment and 10% of the first and fourth intermediate payment are the form of interest payment in which A mediates loans to B and pays the remainder and interest of loans at the time of B occupancy.

4. Interest on any part of the intermediate payments to be financed shall be paid by Party A by the beginning date of designation of occupancy.

Article 2 (Cancellation of Contracts)

1. Where A has committed any of the following acts, A may cancel this contract after peremptory notice has been given, if no performance is made:

3 The financial expenses incurred in relation to the remainder and interest payment system shall be within three months after the expiration date of the occupancy designation.