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(영문) 서울중앙지방법원 2015.09.24 2015가합546539
기타(금전)
Text

1. The Defendant’s KRW 344,79,179 among the Plaintiff and KRW 129,439,631 among the Plaintiff, shall be from January 1, 2013 to June 22, 2015.

Reasons

1. Facts of recognition;

A. On November 6, 2009, the Plaintiff entered into a sales contract or options construction contract with the Defendant on the following terms: (a) the Plaintiff entered into a sales contract with the Defendant for the total sales price of KRW 331,540,000 on the Jung-gu B block ground C apartment (103 2602, Jung-gu, Incheon).

In the event of a contract for the remainder of the down payment (cost), the Plaintiff concluded a contract for the remainder of the contract amount as KRW 32,90,000 on July 15, 201, on September 15, 2011, December 15, 2011, on the date of the designation of the first and second five occupancy in the second and the second five first five occupancys:

(3) At the time of the conclusion of the above sales contract, the Plaintiff arranged an intermediate payment loan, and the Defendant agreed to directly pay the Plaintiff’s funds to the Plaintiff’s funds receipt account at the lending bank on the agreed date of intermediate payment. The Plaintiff paid interest by the payment date of the month in which the inspection date belongs, and the interest paid by the Plaintiff up to that time was agreed to pay the remainder after adding

On the other hand, when the defendant delays the payment of intermediate payments and the balance, the defendant added and paid late payment charges with a certain rate of late payment, and agreed to apply 15.96% interest rate if the overdue period exceeds 181 days, and agreed to apply the same overdue interest rate even if the balance of the options contract is delayed.

B. On October 26, 2012, the Plaintiff notified the Defendant of the occupancy designation period: (a) completed a pre-use inspection on the instant apartment on October 26, 2012; and (b) from November 3, 2012 to December 31, 2012, the date of designation of occupancy was from November 3, 2012 to December 31, 2

C. The Plaintiff received a loan from the Korea Exchange Bank (hereinafter “Korea Exchange Bank”) by subrogation, such as the payment of interest on intermediate payments and the payment of intermediate payments.

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