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(영문) 제주지방법원 2016.09.29 2016가합10533
분양대금반환 등
Text

The defendant shall pay 547,200,000 won to the plaintiff and 15% per annum from March 31, 2016 to the day of complete payment.

Reasons

Facts of recognition

A. On April 9, 2014, the Plaintiff (the People’s Republic of China) entered into a sales contract in which the Defendant and the Defendant newly built in the Jeju City B Day (hereinafter “instant multi-unit buildings”) purchase price of KRW 615,00,000 for the C Recreation L108 and 202 (hereinafter “instant multi-unit buildings”). The main contents of the instant contract are as follows.

(3) The second intermediate payment: 184,500,000 won (payment before August 9, 2014): The remainder: 123,000,000 won (payment before December 9, 2014): 123,000 won (payment before December 9, 2014): 123,00,000 won (payment before December 9, 2014): The scheduled date of use on March 31, 2015: Where the Plaintiff delays payment within one month after completion: 123,00,000 won (payment within one month after completion of construction):

b. If the defendant intends to maintain the contract of this case, the plaintiff shall pay 0.06% of the sales price payable per day to the defendant as penalty.

B. In the case where the Defendant delays the delivery of the instant section for exclusive use (Article 6): ① If the period of delay does not exceed 60 days, the Defendant pays 0.05% of the amount received from the Plaintiff per day to the Plaintiff as a penalty; and the instant contract remains in existence. ② If the period of delay exceeds 60 days, the Plaintiff may rescind the instant contract. When the Plaintiff cancels the instant contract, the Defendant shall be notified of rescission.

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