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(영문) 대전지방법원 2020.07.09 2019가합110814
기타(금전)
Text

1. The defendant (Appointeds) and the appointed parties C jointly and severally with the plaintiff KRW 742,347,101 and KRW 347,782,751.

Reasons

. Facts of recognition.

A. The Plaintiff is the executor of the new construction and sale business of Sejong Special Self-Governing City D (hereinafter “instant building”) and the Defendant (Appointed Party) and the Appointed C (hereinafter “Defendants”) are the buyers who purchased the first floor E commercial building of this case from the Plaintiff (hereinafter “instant commercial building”).

B. On April 28, 2015, the Plaintiff concluded a sales contract with the Defendants for the instant commercial building (hereinafter “instant sales contract”). On the same day, the Plaintiff received KRW 78,912,870 from the Defendants.

* Display of Property: The sales price to be paid by Article 2 (Sale Price and Payment Methods) 1 (Defendant, etc.; hereinafter referred to as "Defendant, etc.") B (hereinafter referred to as "B") to A (hereinafter referred to as "A") is as follows:

(2) B shall pay the sale price as follows, and Party B shall not be obligated to notify B of the payment date of the part payment separately:

Provided, That the payment date of part payments after the expiration of the payment standard process may be changed later according to the confirmation of the construction process of the supervisor.

The first, second, and third part specified in the contract shall be within one month from the date of the contract.

Article 3 (Payment of Overdue Interest and Advance Payment) (1) Where B pays the intermediate payment and remainder after the agreed date, it shall pay the overdue interest calculated based on the number of delayed days calculated by applying the overdue interest rate of 17% per annum to the overdue amount, and the overdue interest rule shall not apply to the overdue payment within the designated period (the beginning date of the designation period for the occupancy place).

Article 5(1)(B)(A) The lending institution shall be an institution designated and notified by A, and B shall apply for the loan on the date notified by A, and all the expenses, such as all the documents, guarantee fees, and stamp fees necessary for the intermediate payment loan shall be borne by the contractor, and the lending is not possible due to the personal circumstances of the contractor, such as the contractor with bad credit standing.

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