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(영문) 수원지방법원 안양지원 2021.02.05 2019가합106557
지체상금
Text

The defendant shall be the plaintiff 3 through 12, 15 through 18, 20 through 22, 24 through 26, 28 through 30, 32 through 39, 41 through 52, 54, 55, and 57.

Reasons

Basic Facts

A. The defendant is a company that constructed a complex building C on the B's ground when running a housing construction business, etc. (hereinafter "the building of this case"), and the plaintiffs succeeded to the status of the two or several parts of the apartment of this case.

B. On March 29, 201, the Defendant entered into a contract with D (hereinafter “instant association”) for construction works to construct the instant building on the 14,203 square meters of underground and 42 square meters of the ground surface in the Guang-si B, Guang-si. The rest of the Plaintiffs except Plaintiff E and F entered into a contract for construction works to construct the instant building from December 2, 2014 to March 17, 2015 with the instant association and the Defendant, and Plaintiff E succeeded to the status of the two parties from G on August 17, 2016, and Plaintiff F succeeded to the status of the two parties upon receiving 1/2 shares of H among the instant building from Plaintiff E on February 12, 2019 (hereinafter “each of the instant sales contracts”). The main contents of each of the instant sales contracts are as follows:

The scheduled date of occupancy: (a) around September 2018, Article 1 (Supply Price and Payment Method) (in the case of a change by process, and in the case of a change by later notification) shall supply the above indicated property by the following methods; and (b) the purchaser shall pay the relevant amount in the name of the purchaser on the date specified in the contract with the bank account designated by the union:

Article 5 (Additional Fees, Overdue Charges, and Rewards) (1) Where a purchaser pays an intermediate payment before the specified date, a cooperative (or a contractor) shall discount an amount calculated according to the number of days for advance payment by applying a discount rate of 3% per annum on the advance payment amount.

Provided, That the balance shall be discounted on the basis of the first day of the designation of the occupancy, and the discount charge and late payment charge shall not apply from the first day of the designation of the occupancy until the last day.

Up to one month of arrears period from 1 to 3 months to 6 months.

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