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(영문) 인천지방법원 2017.05.23 2016가단37869
정산금
Text

1. The Defendant’s KRW 65,766,980 for the Plaintiff and KRW 5% per annum from November 1, 2014 to June 16, 2016.

Reasons

1. Facts of recognition;

A. On March 19, 2009, the Plaintiff concluded a sales contract (hereinafter “instant sales contract”) with respect to the Defendant and Seo-gu Incheon apartment No. 1903 Dong (New Dong: 223 Dong) 1002 (hereinafter “instant apartment”).

B. The scheduled date of occupancy in B: The seller's "A" and the buyer's "B" of the sales contract for apartment: on May 6, 2012: The 58,470,470,00 each 27,923,500,847,000 167,541,00 payment deadline of 167,541,000 on April 6, 2009, the sales price for apartment units and the sales price for the second and third 4th 5th 6th 5th 5th 5th 5th 6th 200, respectively, of the remainder of the occupancy price and the payment method for the down payment of the down payment for the purchase price for the first 2nd 4th 5th 5th 5th 6th 201, the sales price for the first 6th 2011 shall be paid to Gap as follows:

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 may cancel this contract even after the peremptory notice is given when B performs any of the following acts:

(1) B shall pay part payments prescribed in Article 1 at least three times.

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