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(영문) 인천지방법원 2015.12.04 2015가단216832
이자대납금반환등
Text

1. The Defendant’s KRW 32,130,584 as well as its annual 6% from June 25, 2014 to December 4, 2015 to the Plaintiff.

Reasons

1. Facts recognized;

A. The Plaintiff is a company that sold the Seo-gu Incheon apartment complex B, and the company C (hereinafter “C”) is a company that takes charge of the management-type land trust agreement entered into with the Plaintiff on September 30, 2009 (Article 8(4)(e)) pursuant to the special agreement on the management-type land trust agreement entered into with the Plaintiff on September 30, 2009.

B. On January 19, 2010, the Plaintiff and C concluded a sales contract (hereinafter “instant sales contract”) with the Defendant on the said apartment Nos. 2803, 3604 (hereinafter “instant apartment”) containing the following contents.

On April 15, 2011, the scheduled date of occupancy of the Plaintiff “A”, “B”, and “C”: (The scheduled date of occupancy and the period of designation of occupancy may be somewhat changed depending on the process, etc.) Article 1 of the supply price and payment method (10%) intermediate payment (60%) (30%) once for the last 4th 5th 6th 201, January 28, 2010 at the time of the second 15th 2010, July 15, 2010, the sales contract of this case may not be rescinded each of the following items:

(3) Where a financial institution claims performance on behalf of Company A on at least two occasions due to the failure to pay any balance within three months from the end of the period for designating occupancy, and the failure to pay the balance to Company A at least two times with a grace period of at least 14 days specified and notified by the financial institution under the business agreement of the financial institution, and the failure to pay the loan to Company A on more than two occasions, the financial institution shall have the penalty under Article 4 (1) at the time of failure to pay the interest, etc. to the financial institution or the failure to pay the loan by the maturity of the part payment loan

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