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(영문) 의정부지방법원 고양지원 2017.04.27 2016가단10745
위약금 등
Text

1. The Defendants: (a) each of the Plaintiffs’ KRW 16,766,50 and each of the said respective money, respectively, shall be from October 31, 2012 to April 27, 2017.

Reasons

1. Facts recognized;

A. On July 1, 2008, the Plaintiffs and the Defendants entered into a sales contract with the amount of KRW 562,700,000 for the sales price (hereinafter “instant sales contract”) as to the “Seoul-dong C Apartment-gu 502 Dong 1503” (hereinafter “instant apartment”) which the Plaintiffs would build. The main contents are as follows.

The sales contract price of this case is KRW 562,70,000: The first or the sixth installment payment of KRW 28,135,000 for the intermediate payment of KRW 56,270,00: each of the outstanding 196,945,000 for the remainder of KRW 56,270,000: the scheduled occupancy date: October 2010 (general provisions). In this case, the scheduled occupancy date of KRW 1 (3) may be somewhat changed according to the fairness, and in this case, the individual notice key) (5) ① B (the defendants of this case) shall pay the balance of the above supply price by the expiration date of the occupancy designation period notified by A (the plaintiffs of this case) and C (the plaintiff of this case).

Article 2 (Cancellation, etc. of Contract) (1) A and C C, if B, has committed any of the following acts, the contract may be rescinded by the notice of cancellation after setting a period of time, and if B, has not performed it:

(1) If the payment of the balance has not been made at least 14 days after the expiration of the period of occupancy designation. (1) In the case of the subparagraphs of paragraph (1) of this Article, if the financial institution, in violation of the agreement with the financial institution, requests the payment for the loan to A and C, after receiving the payment for the sale from the financial institution due to joint and several sureties and C's loan, in violation of the agreement with the financial institution, it shall be appropriated in the order of penalty, overdue interest, loan, etc.

(2) If the sale price paid by B as described in the preceding paragraph is insufficient to cover penalty, overdue interest, loans, etc., B shall be liable for damages to A separately.

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