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(영문) 인천지방법원 2016.09.23 2015가합54536
기타(금전)
Text

1. The Defendant’s KRW 357,533,347 among the Plaintiff and KRW 144,393,328 among the Plaintiff, shall be from January 1, 2013, and KRW 213,140,019.

Reasons

1. Facts of recognition;

A. On January 19, 2010, the Plaintiff entered into a sales contract with the Defendant at KRW 328,180,000 (hereinafter “instant sales contract”) and received down payment of KRW 16,400,00 as a down payment, with regard to the said apartment No. 1403, Jan. 19, 201, as a contractor and a contractor who newly built and sold D apartment units with the size of 1,628 units (hereinafter “instant apartment units”) on a day-to-day unit of 72,182,593 square meters of Incheon Free Economic Zone B block 72,182,593 square meters.

According to the above sales contract, the remaining sales price shall be paid at each payment date by dividing it into six times as shown in the table 1 below.

See Table 1: 32,650,000 won (total of KRW 195,90,000) 115,80,000 won (total of KRW 195,90,000) on September 15, 2011 on the date of the designation of the 6th occupancy in the second 3th 4th 5th 5th 2010.

B. On June 3, 2010, the Plaintiff entered into a balcony expansion option contract with the Defendant for the instant apartment (hereinafter “instant options contract”) and received KRW 2,320,000 as the down payment.

According to the above options contract, the remaining construction cost of KRW 9,302,00 shall be paid together with the balance of the sale price on the date of designation of occupancy.

C. When entering into the instant sales contract and options contract, the Defendant agreed to pay late payment charges applying the interest rate specified in the table 2 below when delaying the payment of the sales price and the intermediate payment of the construction price and the balance.

Additional interest rate for the period of arrears (A) [Additional Interest Rate for the period of arrears by the National Bank] The average credit rate (B) for the deposit bank = [based on the Bank of Korea's notice (O. 28, 2009) bank's household loans, and new amount of treatment] 5% [The statutory interest rate prescribed by the Civil Act = 5.96%] 5.96% per 10.96% per 31 to 90% per 8% per 13.96% per 13.96% per 96% per 91-180 days from 14.96% per 181% per 14.96% per 181% per 15.96% per 2.

D. Meanwhile, according to Article 7 of the sales contract of this case, the Plaintiff mediates a loan bank when the Defendant applies for an intermediate payment loan, and ②.

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