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(영문) 부산지방법원 2016.03.30 2014가단238245

위약금 등

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 48,553,913 to the Plaintiff (Counterclaim Defendant) and its amount from October 7, 2014 to September 30, 2015.

Reasons

1. Basic facts

A. On February 27, 2004, the instant sales contract, etc. was changed to the Plaintiff (hereinafter “Co., Ltd. Daol Real Estate Trust”), and thereafter, on March 27, 2009, the instant sales contract was changed to the “Daol Trust Co., Ltd.”, and on April 2, 2010, the trade name was changed to the Plaintiff on December 6, 2013.

hereinafter referred to as "Plaintiff"

(2) On April 8, 2011, the Defendant and Busan-gu apartment A, Busan-dong, 1605 (hereinafter “instant apartment”).

The sales contract of KRW 666,700,000 for the supply price (hereinafter “instant sales contract”).

(2) The main contents of the instant sales contract are as follows: (a) concluded the contract deposit and received KRW 33,335,000 from the Defendant on the same day.

Article 1 (1) The plaintiff shall supply the display property by the following methods, and the defendant shall pay the corresponding amount to the plaintiff.

Provided, That the intermediate payment may be loaned to the defendant according to the credit assessment of the financial institution according to the business agreement of the plaintiff, the corporation, the Scco Construction and the financial institution, and in such cases, if the total supply amount is extended within 50% due to the expiration date of the designation of occupancy and the additional loan rate is increased by 10%

(1) When the contract is terminated on the grounds falling under Article 2(1) and (3), 10% of the total amount of the supply price shall be reverted to the plaintiff as a penalty.

(2) When this contract is terminated for reasons falling under Article 2(4), the Plaintiff shall pay 10% of the total supply price to the Defendant as penalty for breach of contract.

(3) In the case of paragraphs (1) and (2) of this Article, the plaintiff shall refund to the defendant the amount already paid by the defendant (the penalty shall be deducted in the case of paragraph (1)), plus the interest equivalent to 3% per annum from the date of receipt to the date of refund.

Provided, That where a loan has been arranged by the business agreement of the Plaintiff, Si Corporation, Sco Construction and Financial Institutions, the Plaintiff shall pay the principal and interest of the loan.