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(영문) 부산고등법원 2020.01.15 2019나54163
지체상금
Text

1. Of the judgment of the court of first instance, the defendant's "amount of prize" in the attached Table 1 sheet against the plaintiffs is as follows.

Reasons

1. Basic facts

A. The Defendant is a company running a construction implementation business, a housing construction business, etc., and the Plaintiffs and the Defendant have acquired the status of the buyer or the buyer who entered into the sales contract with the contents of supply of each of the stores listed in the separate sheet No. 1 (hereinafter referred to as the “sale contract”) among the "U building" (hereinafter referred to as the "U building") on the land of Gangseo-gu Busan Metropolitan City, Busan, with the Defendant.

In the below, the defendant who is the seller Gap is the seller, and the buyer is the buyer.

Article 1 (Sales Price and Payment Method) (1) The total sale price and payment date and (2) the amount to be paid, the balance of the payment amount and the payment date of the intermediate payment (self-payment) in the second (loan) 4th (Loan) payment date contract, October 31, 2016 at the time of the contract for the payment date of the fourth (Loan) payment, the payment date, February 31, 2017, 2017, the payment amount of the sale price on August 31, 2017, 10% (payment in four installments each Plaintiff’s specific total amount and payment date) 50% (the payment amount by each Plaintiff’s own payment date) (1) the payment method shall be separately notified in writing to the bank account designated by the Party A (the balance payment date, contract deposit money, intermediate payment, and the balance) before the payment date. The payment period shall not be separately notified in writing to the Party A’s account.

If the sales contract is concluded in advance than the scheduled date of the sales contract at the time of the designation of the sales contract, the sales contract shall be paid on the fixed date of the sales contract notified.

Article 2 (Additional Fees, Overdue Charges, and Compensation for Delay) (1) Where Eul pays the parcelling-out price before the date on which a payment agreement is made, A shall discount the amount calculated according to the number of days for advance payment by applying the discount rate of 5% per annum on the advance payment amount.

Provided, That any balance shall be discounted on the basis of the first day of the payment of the balance designated by A (the first day of the designation of a store).

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