(영문) 제주지방법원 2020.11.16 2020가단50333

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(영문) 제주지방법원 2020.11.16 2020가단50333

약정금

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1. The Defendant’s KRW 130,000,000 as well as 5% per annum from June 27, 2015 to November 16, 2020 to the Plaintiff.

Reasons

Basic Facts

On April 23, 2014, the Plaintiff concluded a sales contract under which D recreational condominium E (hereinafter “instant building”) was sold to KRW 1,180,00,000 for KRW 1,180,00,00, which was newly constructed by the Defendant in Jeju Island (hereinafter “instant contract”).

The main contents of the instant contract are as follows.

The scheduled date for completion of a project: Article 3 (Period and Conditions of Completion and Delivery) (1) The defendant shall complete the completion of the project (within 12 months of the conclusion of the contract) before the Dois-am (within 12 months of the conclusion of the contract) within one month after completion of the project and obtain certification from the relevant government agency (including construction and interior works).

(2) The defendant should deliver and use the things that meet the following conditions after paying the balance that the plaintiff has to pay before the opening-up day (within one month after completing the completion of the construction and obtaining the certification from the relevant government institution).

1.The acquisition of recognized documents or authorized documents of use issued by the management section in accordance with the laws and regulations of the area in which the article is situated.

2. The conditions shall be consistent with which water, electricity, heating, boiler, gas, telecommunications, roads, etc. are normally used;

Article 4 (Delivery of Goods) (1) After arrival of the scheduled terms of delivery of this Agreement, the defendant shall notify the plaintiff in writing of the scheduled terms of delivery, and shall handle the delivery by delay.

When both parties examine and deliver documents, the defendant shall present the evidentiary documents prescribed in this contract and conclude a list of real estate delivery.

Before entering into a real estate delivery list, the defendant shall not refuse the plaintiff's inspection of the container.

If the defendant fails to present evidentiary documents or lacks evidentiary documents, the plaintiff has the right to refuse to issue them and the liability for which the delivery time has been postponed shall be borne by the defendant.

(3) The time for the plaintiff's cause.

유사 판례

-제주지방법원 2019.07.23 2018가단66236

-광주고등법원(제주) 2019.03.27 2018나10687

-제주지방법원 2018.10.30 2017가단62527

-대구지방법원영덕지원 2019.07.16 2018가단1716

-인천지방법원부천지원 2012.11.07 2012가합1718