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(영문) 서울중앙지방법원 2017.11.29 2015가단74693
구상금등
Text

1. The Defendant shall pay to the Plaintiff KRW 19,934,00 and the interest rate of KRW 15% per annum from September 14, 2017 to the day of complete payment.

Reasons

1. Facts of recognition;

(a) Conclusion of sales contract 1) Unaccompanied Engineering Co., Ltd. (hereinafter “unaccompanied”)

The apartment of D, which is a multi-family housing of 3,00 households on the ground of 169,840 square meters on the land outside Busan Nam-gu, Busan, and 34 square meters, (hereinafter referred to as the "multi-family apartment of this case").

(2) On October 2, 2005, Nonparty E entered into a sales contract with the selling price of the instant apartment to KRW 690,00,000 (including value-added tax) from an unaccompanied, as the implementer of the business that newly constructs and sells the instant apartment, and the Plaintiff was a contractor who was awarded a contract for the construction of the instant apartment from unaccompanied.

(hereinafter “instant sales contract”). Unaccompanied arranged loans of an amount equivalent to 50% of the total sales price to the buyer, and the buyer entered into an agreement to pay the remainder and the interest on the loan as well as the interest on the loan at the time of occupancy.

If the buyer fails to pay the financial expenses under the balance and interest payment system within three months from the expiration date of the occupancy designation, the executor may cancel the contract (Article 2(1)2), the total amount of 10% of the sale price belongs to the executor with penalty, and the executor shall refund to the buyer the price paid by the buyer plus interest equivalent to 3% per annum until the expiration date of the refund.

(Article 3(1)3) On March 14, 2008, the Defendant entered into a contract with E to succeed to the rights and obligations of the buyer under the instant sales contract. (2) The sales advertisement and related litigation 1) The sales advertisement and related litigation were made with the following contents as to the instant apartment through the sales guidance book, the public relations book, the interior net website, etc.

(1) The apartment complex shall display the F and the sea along with the entire view of the apartment complex, and the apartment occupants shall be equipped with facilities, such as hotels, convention centers, squares, water wave parks, sprinks, yachtsprinks, etc., which will be constructed on the front beaches of the complex.

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