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(영문) 인천지방법원 2016.02.17 2015가단216665
이자대납금반환등
Text

1. The Defendant’s KRW 23,199,864 as well as the Plaintiff’s KRW 6% per annum from December 24, 2013 to February 17, 2016.

Reasons

1. Facts of recognition;

A. On January 13, 2010, the Plaintiff entered into a sales contract (hereinafter “instant sales contract”) with respect to the Seo-gu Incheon Metropolitan Government Apartment Construction Co., Ltd. (hereinafter “Scco Construction”) (hereinafter “instant apartment”), and the main contents thereof are as follows.

A seller: A (Plaintiff), buyer (Defendant), and buyer: The scheduled date of occupancy of Byung (Skco Construction): April 2013 (the scheduled date of occupancy and the period of designation of occupancy). As such, Gap may subsequently change the total supply amount of KRW 526,00,00 (10%) and the intermediate payment (10%) and the intermediate payment (30%) once (30%) and 3rd (0. 15. 15. 10. 15. 4th (the 15th 10. 15. 12. 15. 5th 15) and 5th (the 15th 10. 15th 12. 6. 12. 6. 16. 10, 2006; the 10th 15th 206. 206. 205) of this case, each of the contracts was rescinded.

(3) Where a financial institution requests implementation on behalf of a financial institution on more than two occasions due to the mediation of a loan under the business agreement of the financial institution and the payment of interest agreed upon, etc., on more than 14 days, the bank shall cancel this contract if it fails to pay the interest, etc. to the financial institution, or it fails to pay the interest, etc. by the due date of an intermediate loan or is converted into a secured loan: Provided, That the bank shall cancel this contract if it fails to pay the interest, etc. to the financial institution even after the lapse of the relevant grace period, and the contract is cancelled by means of a loan of an intermediate payment and an intermediate payment after the repayment of interest on the intermediate payment.

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