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(영문) 의정부지방법원 고양지원 2017.02.09 2016가단10653

위약금등

Text

1. The Defendant’s KRW 47,252,739 for each of the Plaintiffs and 6% per annum from January 9, 2015 to April 7, 2016.

Reasons

1. Facts of recognition;

A. The plaintiffs will be the executor of the "Da Apartment-gu, So-dong, So-gu, So-called, So-dong."

B. On October 1, 2008, the Plaintiffs decided to sell the above C Apartment Nos. 306 and 1902 (hereinafter “instant apartment”) to the Defendant at KRW 696,60,000,000. The Plaintiffs: (a) concluded a contract with the Defendant to sell the down payment of KRW 34,830,00 (5% of the parcelling-out price) by dividing the intermediate payment of KRW 417,960,000 (60% of the parcelling-out price) into six times; (b) each of the 69,660,000 won until May 20, 2010; and (c) the remainder of KRW 243,810,000 (35% of the parcelling-out price) at the time of occupancy.

(hereinafter “instant sales contract”). C.

Articles 2 and 3 of the instant sales contract include the fact that the Defendant did not pay any balance within three months from the expiry date of the designation period of occupancy designated by the Plaintiffs and thus cancel the said sales contract, it shall vest ten percent of the total value of supply in penalty for breach of contract.

With respect to the interest on loans for the first, second, and third three-time part payments among the six-times of part payments, Gap (Plaintiffs) shall pay for the part preceding the date on which the occupancy is designated, and Eul (Defendant) shall reimburse the interest on loans paid to Gap (Plaintiffs) at the time of occupancy, and the interest accrued from the date on which the occupancy is designated shall be borne by Eul (Defendant).

A (Plaintiffs) shall pay for the interest accrued on three occasions in total, including part payments 4, 5, and 6, up to the day preceding the date of commencement of the designation of occupancy, and the interest accrued from the date of commencement of the designation of occupancy shall be borne by B (Defendant).

At the time of concluding the above sales contract, the Plaintiffs and the Defendant entered into an additional agreement containing the following terms on the apportionment of interest on the intermediate payment loan.

(hereinafter referred to as “instant additional arrangement”). E.

The Defendant paid the down payment to the Plaintiffs pursuant to the instant sales contract (part of the amount is leased from the Plaintiffs), and thereafter, from the financial institutions that concluded an agreement with the Plaintiffs on the part payment loan, the sum of KRW 417,960,000 shall be six times in total.