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(영문) 서울서부지방법원 2015.07.02 2014가합35228
위약금 등
Text

1. The Plaintiff:

A. Defendant A shall pay 230,150,878 won and 20% per annum from August 30, 2014 to the date of full payment.

Reasons

1. Basic facts

A. The Defendants entered into a contract with the Korea Asset Trust Co., Ltd. (hereinafter “Korea Asset Trust”) on the purchase of each apartment as listed in the table below (hereinafter “each of the instant sales contracts”). On the same day, the Defendants paid to the Plaintiff the amount indicated as the down payment of each of the above sales contracts by Defendant A on May 26, 2009, the down payment of the purchase price of the same as the 201-2301718,000,000,000 won KRW 30,000,000, KRW 201-2508, KRW 718,000,0000 on April 20, 2009, KRW 200, KRW 200, KRW 2000, KRW 2000, KRW 200,0000 on April 20, 200, KRW 200-6,005, KRW 2008.

B. Of the entries in each of the instant sales contracts, the major contents pertaining to the rescission of the contract, intermediate payment loans interest, penalty, etc. are as follows.

(However) However, “A” means the Korea Asset Trust, “B” means the buyer, and “B” means the Plaintiff, the buyer, and “B” means the Plaintiff, the contractor. Article 2 (B)(3) The monthly interest on repayment to be borne by “B” in relation to a loan agreement subsequent to the interest on the part payment of the part payment, “B”, and “B” shall pay in lieu of “A” (joint and several sureties), and “B” shall pay in addition to the amount of supply prescribed in Article 1 at the time of occupancy, the entire repayment interest paid instead of “A” shall be paid to “A” separately from the amount of supply prescribed in Article 1. The base date for the burden on the lender shall be the date of the first occupancy designation designated by “A”, and “B” shall bear the burden of “A” after the base date on which the date immediately preceding the base date is the date of the first occupancy designation.

Provided, That where a contract is inevitably rescinded under the recognition of "A", the termination of the contract shall be made.

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