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(영문) 서울중앙지방법원 2017.09.07 2015가단141739
구상금
Text

1. The Defendant shall pay to the Plaintiff KRW 14,155,00 and the interest rate of KRW 15% per annum from July 26, 2017 to the day of full payment.

Reasons

1. Facts of recognition;

A. Unaccompanied Comprehensive Engineering Co., Ltd. (hereinafter “Unaccompanied”) is a new project executor that newly constructs and sells apartment B (hereinafter “instant apartment”) in Nam-gu, Busan. The Plaintiff is a contractor that has been awarded a contract for the construction of the instant apartment from unaccompanied. B. On April 21, 2005, C entered into an apartment supply contract with unaccompanied on April 21, 2005 and with the purchase amounting to KRW 896,700,000,00 of the instant apartment (hereinafter “instant apartment sale contract”). Unaccompanied arranged a loan to the total amount of KRW 50% of the purchase price, and C entered into a so-called “interest payment system” with the payment of the remainder and the loan interest rate together.

Article 3 of the contract for the sale of this case stipulates as follows.

Article 3 (Penalty)

1. Where this contract is terminated on the grounds falling under Article 2 (1) 1 through 7, 10% of the total sale price shall revert to A, as a penalty, to the penalty for breach of contract;

At this time, the responsibility for the settlement of financial expenses according to the payment system of the intermediate payment interest is also made to B (C).

2. When this contract has been terminated for reasons falling under paragraph 3 of Article 2, Party A(C) shall pay to Party B(C) 10 per cent of the total amount of the sale price as penalty.

3. In the case of paragraphs 1 and 2, with respect to the amount already paid by Eul (C), the amount payable by Eul (C) shall be refunded to Eul (C) plus an interest equivalent to 3% per annum from the date of receipt to the date of repayment, respectively.

C. On February 8, 2006, the Defendant succeeded to the rights and obligations under the instant sales contract by C.

The designation period of the apartment of this case is from August 27, 2008 to December 31, 2008.

On November 2008, without delay transferred to the Plaintiff all the rights to pay a penalty, claim for damages, and claim for payment of all other money if the contract becomes void due to the cancellation or termination, etc. of the price claim and contract under the instant sales contract, and notified the Defendant thereof.

The defendant of this case.

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