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1. The remaining Defendants except Defendant B and C are indicated in the column of “personal amount” in the calculation statement in the Plaintiff (attached Form 2).
Reasons
1. Basic facts
A. The Plaintiff is a regional housing association established pursuant to the Housing Act for the purpose of newly constructing an apartment of 886 households in the Dongjak-gu Seoul Metropolitan Government P Complex (hereinafter “instant apartment”). The Defendants concluded a supply contract with the Plaintiff regarding the instant apartment household or acquired the status of the purchaser under the contract.
B. The main contents of each supply contract concluded between the Plaintiff and the Defendants (hereinafter “instant supply contract”) relating to the instant case are as follows.
(hereinafter referred to as “A” in the terms and conditions of a contract refers to the Plaintiff, the Defendants, the Defendants, the “B”, and the “B” refer respectively to the Non-Party Qgu Co., Ltd., the contractor, and the Defendant.)
1. Where the part payment prescribed in Article 1 has not been made on at least three consecutive occasions, and the payment has not been made with a peremptory notice given at least twice within a 14-day grace period;
2. When the balance is not paid within three months from the agreed date.
Provided, That where the part payment is paid once, it shall be limited to cases where A is recognized.
(4) Where an intermediate payment loan interest paid by Party A pursuant to Article 8 (5) is not repaid to Party A or C by the time the balance is paid, the contract may be rescinded.
Article 5 [Penalties] (1) When this contract is terminated for reasons falling under Article 4 (1), (2) and (4), 10% of the total sale amount shall be reverted to A as penalty for breach of contract.
Article 8 [Loan Agreements] ① A is aware that 60% of part payment, part of the sale price, is offered to B as a loan intermediary (the first financial right, the second financial right), and that the loan interest rate is different in accordance with the financial right when the second financial right is offered as additional loan intermediary.
(2) Eul shall file an application for loans with the schedule and financial institution designated by Gap.