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(영문) 서울서부지방법원 2014.12.11 2014가합35389
위약금 등
Text

1. The Plaintiff, and the Defendant A, from July 29, 2014, to July 29, 2014, and Defendant B, to KRW 119,502,493, and this.

Reasons

1. Indication of claim;

A. The Defendants entered into a contract with the Korea Asset Trust Co., Ltd. (hereinafter “Korea Asset Trust”) under which each of the households of the F Apartment-gu, Yongsan-gu, Busan (hereinafter “instant apartment”) is entitled to purchase the apartment as indicated in the following table:

(2) The sales contract of this case was concluded on August 1, 2008, and the sales contract of this case was concluded on August 21, 2008 by the Defendant. The sales contract of this case was concluded on August 21, 2008, and KRW 10,000 on July 25, 2008, KRW 102-1403579,000,000 on August 23, 2008, and KRW 10,000 on August 23, 2008, KRW 10,000,000 on August 1, 2008, KRW 201-140,718,000,000 on August 1, 201, KRW 200,000 on KRW 10,000 on July 18, 201, KRW 100,000 on 18,008.

B. The main contents of the contract cancellation and intermediate payment loan interest, penalty, etc. in each of the instant sales contracts are as follows.

(However) However, “A” means the Korea Asset Trust; “B” means the Defendants; “B” means the Plaintiff; and “B” means the Plaintiff; “B” means the monthly repayment interest to be borne by “B” in relation to the loan agreement after the intermediate payment; “B” means the payment on behalf of “A” (joint and several sureties); and “B” means the repayment interest paid in lieu of “A” separately from the amount of supply prescribed in Article 1 at the time of occupancy. The base date for the loan interest shall be the date of the first occupancy designated by “A”; “B” shall be the date of the first occupancy designated by “A”; “B” shall be the base date on which the payment on behalf of “B” is made after the base date; “B” shall not arbitrarily rescind the contract that has paid the intermediate payment through an agreement after the payment of interest after the intermediate payment.

Provided, That where a contract is terminated inevitably under the recognition of "A", the interest on the loan of "B" that has already been paid by "A" by the date of request for the cancellation of the contract shall be repaid in full to "B".

9 Where this contract is terminated, "A" shall apply for the sale price to "B" as the sale price to be returned.

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