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(영문) 부산지방법원동부지원 2020.09.23 2020가단209343
분양대금반환
Text

1. Defendant B Co., Ltd.: 20,417,10 won and 5% per annum from December 31, 2019 to September 23, 2020.

Reasons

1. Basic facts

A. The party-related Defendant B Co., Ltd. (hereinafter “Defendant B”) is a company that carries out the business of newly constructing and selling the F hotel on the land of Busan Shipping Daegu D and E (hereinafter “instant hotel”). Defendant C Co., Ltd. (hereinafter “Defendant C”) is an executory company and a contractor who newly built the instant hotel.

The Plaintiff is a person who acquired the status of a buyer from G as the buyer of the instant hotel.

B. On February 14, 2017, G entered into a contract with the Defendants for the purchase price of KRW 204,171,100 among the hotel of this case (hereinafter “instant supply contract”) and paid down payment of KRW 20,418,00 among the intermediate payment, and KRW 102,085,550 among the intermediate payment was loaned from the I Association.

The main contents of the instant supply contract are as follows.

(A) “A” means Defendant B, “B” means a buyer, “B” means a buyer, and “sick” means Defendant C, a contractor and a contractor: April 2019 (the scheduled date of entry may be altered somewhat according to the usage inspection and process, and the accurate date of entry and the due date of payment shall be notified later separately). (B) In the event of delay in the payment of intermediate payment and the balance, the late payment charges shall be paid in accordance with the following table.

Provided, That the period of arrears shall be calculated from the following day of the designation date of the balance payment after completion.

(4) If “B” is unable to move into “B” on the date of commencement of occupancy agreed upon by “B,” the amount calculated by applying the interest rate of delay rate of 15 percent per annum on the down payment and intermediate payment already paid by “B” shall be paid as compensation for delay or deducted from the balance of the sales price.

Provided, That the part payments and the part payments in arrears of which the “A” has paid the loan interest shall be unpaid or late.

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