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(영문) 서울중앙지방법원 2014.05.29 2013가단312070
구상금
Text

The defendant's KRW 45,96,995 and KRW 31,638,30 among the plaintiff's KRW 45,96,95 and its KRW 11,00 per annum from September 5, 2012 to October 4, 2012.

Reasons

1. Facts of recognition;

A. On March 17, 2010, C entered into a contract with the Plaintiff for supply of KRW 693,200,000 (hereinafter “instant supply contract”) of the Dongjak-gu Seoul Metropolitan Government D apartment 113 Dong 204 (hereinafter “instant apartment”), and the Defendant succeeded to the instant supply contract from C via E and F.

Of the terms of the instant supply contract, the parts related to the instant case are as follows.

The Defendant shall pay the remainder 207,960,000 won to the Plaintiff at the time of occupancy (Article 1(1)3). In the event that the Defendant fails to pay the remainder within three months from the expiration date of the occupancy designation period, the Plaintiff may rescind the contract after giving a peremptory notice (Article 2(1)3). Upon termination of the contract, the Plaintiff shall pay an interest rate of 2.8% per annum from the date the Defendant was already paid to the date of repayment until the date the contract was returned. However, upon termination of the contract due to a cause attributable to the Defendant, the Plaintiff shall not pay interest on the amount already paid (Article 2 subparag. 5 and 6). In this case, the total amount of 10% of the supplied amount is attributed to the Plaintiff as penalty (Article 3(1)). In the event the Defendant borrowed the intermediate payment from a financial institution designated by the Plaintiff, the loan interest accrued on behalf of the Plaintiff until the expiration date of the occupancy designation period, and the Plaintiff shall pay the remainder to the Plaintiff at the same time when the Plaintiff was paid the remainder payment from the first date.

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