(영문) 인천지방법원 2015.12.16 2015가합55546

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(영문) 인천지방법원 2015.12.16 2015가합55546

분양대금

Text

1. As to KRW 340,471,028 and KRW 115,880,00 among the Plaintiff, the Defendant shall from January 1, 2013 to January 30, 2013.

Reasons

1. Facts of recognition;

A. The pertinent Plaintiff is a contractor and a contractor of a business that newly constructs and sells apartment C (hereinafter “instant apartment”) on the ground of Young-gu Incheon Free Economic Zone Young-gu B block (hereinafter “instant apartment”), and the Defendant is the buyer of the instant apartment household.

B. On January 25, 2010, the Plaintiff entered into a sales contract with the Defendant to supply the instant apartment units of KRW 328,180,000 (payment of KRW 115,880,000 to the designated date of occupancy) (hereinafter “instant sales contract”) with the Defendant. According to the instant sales contract, the overdue interest rate for the intermediate payment and the remainder are as listed below.

The additional interest rate for each overdue period in arrears shall be 5% for 1 to 30 days, 5.96% for 10.96% for 31 to 90% for 8% for 13.96% for 91 to 180% for 14.96% for 181% for 14.96% for 91 to 181% for 10% for 15.96% for 15.9

C. On October 26, 2012, the Plaintiff unpaid the remainder of the purchase price of the instant apartment, sent a written guidance for occupancy, etc. to the Defendant, including that “The date of designation of occupancy is from November 3, 2012 to December 31, 2012,” but the Defendant only paid the down payment and the intermediate payment pursuant to the instant sales contract to the Plaintiff, and did not pay the remainder of the sale price to the Plaintiff by December 31, 2012, which is the date of designation of occupancy.

If the Defendant entered into an agreement with the Defendant for an intermediate payment loan agreement with the financial institution at the time of the instant sales contract, the Plaintiff’s subrogation for the loan obligation of the Plaintiff shall pay the Plaintiff a direct loan, and the Plaintiff shall jointly and severally guarantee the Defendant’s intermediate payment loan obligation, and at the same time, if the Defendant received a loan with interest-based installment payment, the Plaintiff shall pay interest for the month in which the date of the inspection on use

“,” made an agreement with the content.

2. In accordance with the above agreement, the Defendant is a stock company with interest payment system.

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