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(영문) 인천지방법원 2017.06.01 2016가단47514
정산금
Text

1. The Defendant shall pay to the Plaintiff KRW 84,156,934 as well as 5% per annum from July 1, 2015 to September 6, 2016, and the next day.

Reasons

1. Facts of recognition;

A. On March 6, 2009, the Plaintiff entered into a contract for the construction of balcony extension with the Defendant and Seo-gu Incheon Metropolitan Government 221 Dong (former 1901 Dong), 1001 (hereinafter “instant apartment”) on the following terms (hereinafter “instant apartment sales contract”) and the supply price of KRW 4,412,00, 441,200, down payment (time of contract), and the remainder (time of occupancy), KRW 3,970,80,00 in balcony extension work.

(1) The sales contract for apartment units (hereinafter referred to as "each of the contracts of this case") . The sales contract for apartment units (hereinafter referred to as "each of the above contracts of this case") . The seller "A" and the buyer "B" : May 6, 2012: The sales contract for apartment units (hereinafter referred to as "the sales contract for apartment units") . The sales contract for apartment units is divided into the 15th 5th 6th 5th 6th 5th 6th 6th 5th 5th 5th 5,510,510 each 51,020,000 153,060,000 153,000 060,000 6th 20 July 6, 2009, the sales contract for apartment units is divided into the sales price for the first 10th 6th 20 5th 2010 16th 16th 2010.

Article 2 (4) Where the payment method for the part payments is made by B from a financial institution designated by A, the interest on the loan accrued from the date of the part payments loan to the first time before the first day of the occupancy designation period designated by A among the interest on the loan accrued from the part payments, the loan interest shall be paid by A on behalf of A, and the interest on the loan accrued thereafter shall be paid directly by B to the lending financial institution

(5) A shall repay the loan interest and the amount equivalent to the loan interest that A paid on behalf of pursuant to paragraph (4) to A within the period designated for occupancy by A pursuant to the contract for sale in lots, and if it is not repaid within the period, the late payment penalty provisions of Article 7(3) shall apply.

The provisions on separate discount rates shall not apply to advance payment.

(6) Any balance shall be paid not later than the expiration date of the occupancy designation notified by A.

Section 3. 【Cancellation of Contract】 (1) A shall be either of the following:

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