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(영문) 의정부지방법원 고양지원 2017.03.08 2016가단10783
위약금 등
Text

1. The Defendant’s each of the Plaintiffs’ KRW 28,939,888 and the period from November 10, 2014 to the service date of the payment order.

Reasons

1. The plaintiffs entered into a sales contract with the defendant as a co-execution company of B apartment, with the following amounts: (a) the sales contract was concluded between the defendant as co-execution company of B apartment, with the sales contract of B, and the remainder of the down payment for the sales price for the object of the sales contract for the object of the purchase and sale contract of basic fact, 504,603, 697,400,000 won 34,870,000 won on February 24, 2009.

When a sales contract is cancelled due to a cause attributable to the defendant of the penalty clause in the contract, 10% of the sales price shall be paid as penalty.

From the date preceding the date of the designation of occupancy with respect to the loan holders of the intermediate payment 1, 2, and 3 installments, the Plaintiffs pay the interest paid by the Plaintiffs at the time of occupancy. The interest accrued from the date of the designation of occupancy with respect to the loan holders of the intermediate payment 4, 5, and 6 installments shall be borne by the Defendant, and the Plaintiffs shall pay the interest accrued from the date of the designation of occupancy with respect to the intermediate payment 4, 5, and 6 installments, and the Defendant shall pay the interest accrued from the date of the designation of occupancy. However, on May 6, 2011, the Defendant notified the Defendant that the Defendant did not pay the remainder after the lapse of December 31, 201, the expiration date of the designation of occupancy with respect to the intermediate payment 1, 2, and 3 installments, and that the Defendant did not pay the principal and interest on the loan to the lending bank and that the payment should be returned to the Defendant following the cancellation of the sale contract.

The Plaintiffs, 69,740,000, a penalty of 10% of the value of supply, calculated at the rate of 6% per annum from the date immediately preceding the date of commencement of the designation of occupancy to the date of cancellation of the last installment payment for the payment of 15,372,274, the interest on the part payment after the date of commencement of the designation of occupancy, calculated at the rate of 922,00 per annum under the Commercial Act.

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