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(영문) 서울중앙지방법원 2014.01.20 2012가단320869
양수금
Text

1. The Plaintiff:

(a) Defendant A and Korea Urban Development Co., Ltd. pay 34,779,267 won jointly and severally;

(b) the defendant.

Reasons

1. Facts of recognition;

A. (1) The execution company of Yeongdeungpo-gu Seoul Metropolitan Government building C (hereinafter referred to as the “C”) and the Defendant Korea Urban Development Corporation, Korea Asset Trust Co., Ltd. (hereinafter referred to as the “Korea Asset Trust”) are the trustee under the trust contract with the Defendant, the Promotion Savings Bank Co., Ltd. (hereinafter referred to as the “Promotion Savings Bank”) are the first beneficiary under the trust contract.

(2) Around November 13, 2004, Defendant Postal Co., Ltd. sold C408 (hereinafter the building of this case) KRW 321,142,00 (hereinafter the contract amounting to KRW 16,057,000 in the intermediate payment of KRW 16,057,00 in the intermediate payment of KRW 32,114,00 in the intermediate payment of KRW 32,114,114,00 in the intermediate payment of KRW 32,114,00 in the intermediate payment of KRW 32,114,00 in the intermediate payment of KRW 32,114,00 in the intermediate payment of KRW 32,114,00 in the intermediate payment of KRW 5,50 in the intermediate payment of KRW 32,114,00 in the intermediate payment of KRW 128,458,00 in the remainder payment of KRW 128,500 in the sales contract of this case).

The scheduled date of occupancy: 23 months after the commencement of the project (the scheduled date of occupancy may be somewhat changed according to the process, and the accurate date may later be the individual notice key), Article 2 (Payment of Purchase Price)

4.The intermediate payments shall be extended only to the banks designated by the Defendant Postal, and the interest on the intermediate payments shall be borne by the Defendant Postal prior to the date of first designation of occupancy, and the Defendant A shall bear the intermediate payments, regardless of the occupancy.

Article 5 (Premium Fees, Overdue Charges, and Compensation for Delay)

2. When the agreed payment date has elapsed due to the delay in the payment of the intermediate payment and the remainder, the defendant A shall pay the late payment charge calculated by applying the late payment charge rate of 15% per annum to the number of days elapsed from the following day of the agreed payment date to the actual payment date, and the order of appropriation of the payment amount to the payment amount shall be the late payment, the advance payment

3. In the case of failure to move into the country on the date of designation of occupancy notified by the defendant letter, due to the reasons attributable to the defendant letter or Korean city development, the amount actually paid by the defendant A prior to the commencement date of actual occupancy shall be KRW 2/10,000 per day of delay.

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