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(영문) 서울중앙지방법원 2020.11.27 2020가단5028279
부당이득금
Text

1. The Defendants jointly and severally agreed to the Plaintiff KRW 5,94,512, and 6% per annum from May 4, 2020 to November 27, 2020.

Reasons

1. Basic Facts A: The plaintiff D, B, and C: The plaintiff, I, and I: the main company of the plaintiff, Article 3 (Cancellation of Contracts) 1 of the plaintiff B (Cancellation of Contracts)

(b) When the balance is not paid within two months from the agreed date;

C. Where Party A’s guarantee delays the implementation of the procedures for establishment of a right to collateral security with a loan financial institution under the agreement on a loan for the repayment, unredeemed and parcelling-out payment, or claims reimbursement on behalf of Party A from a financial institution due to the failure to pay Party B interest, etc. at least 14 days’ grace period, even if Party A failed to pay the interest, etc. to the financial institution at least twice (Provided, That this contract shall be rescinded if the interest, etc. is not paid to the financial institution after the grace period has expired; where a contract is terminated on the grounds that Party A is paid the remainder after deducting the principal and interest, etc. from the down payment and intermediate payment which has already been paid, penalty, and the intermediate payment loan operator paid by Party A from the down payment and intermediate payment, it shall be clearly stated that the contract is paid at the expiration of the grace period, and the remaining amount shall be reverted to Party A with penalty, and the remaining amount shall be refunded to Party B.

In such cases, Eul may not claim the period for the sale price already paid to Gap.

(2) Where this contract is terminated for reasons falling under Article 3 (1), (2) and (3), A shall refund the amount calculated by subtracting penalty from the amount already paid by B, and the principal and interest of a loan granted by guarantee of A shall be repaid from the parcelling-out amount paid by B to A or lending institutions; where there is any amount paid by A or City Corporation by subrogation, the amount of subrogated payment (interest, expenses, principal and interest) shall be refunded after deducting the amount of subrogated payment (interest, expenses, principal and interest) from the amount paid by B.

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