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(영문) 인천지방법원 2018.11.29 2018가단219368
기타(금전)
Text

1. The Defendant’s KRW 47,987,938 as well as the Plaintiff’s KRW 6% per annum from March 6, 2013 to March 22, 2018.

Reasons

1. Determination on the cause of the claim

A. On October 6, 2009, the Plaintiff entered into a contract for selling (sale) (hereinafter “instant parcelling-out contract”) the Seo-gu Incheon apartment unit D (hereinafter “instant apartment”) in lots (hereinafter “instant apartment”) with the Defendant at KRW 523,00,00. On behalf of the Defendant, the Plaintiff may not enter into the contract for the remainder payment of down payment five times once every five times in the event of the contract for the remainder payment of down payment, - - - 52,300,00 - - 52,30,000,52,30,000, 339,950,000,000 interest payment (hereinafter “instant apartment”) with the Defendant’s payment of the remainder of the outstanding penalty under Article 2(1)(1) of the Agreement, if the Plaintiff did not pay the remainder of the outstanding penalty to the Defendant within 30% of the outstanding penalty under Article 11(2)(3)(1) of the Agreement:

(2) The Plaintiff shall repay the loan to the Plaintiff and the lending institution, and the Plaintiff shall return the balance after deducting the principal and interest of loan and the penalty from the sale price to be returned to the Defendant. Article 6 (Payment in Do) (2) (where the Defendant pays the intermediate payment from the bank designated by the Plaintiff with the loan funds under the preceding paragraph, the Plaintiff shall pay the interest on the loan funds of the Defendant from the record date to the first day prior to the date designated by the Plaintiff, and the Defendant shall pay the interest already paid by the Plaintiff to

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