(영문) 인천지방법원부천지원 2014.06.11 2013가단29556

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(영문) 인천지방법원부천지원 2014.06.11 2013가단29556

구상금

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1. The Defendant’s KRW 8,337,301 as well as its annual 6% from November 24, 2012 to June 11, 2014 to the Plaintiff.

Reasons

1. Determination on the cause of the claim

A. On January 26, 2010, the Plaintiff and the Defendant newly built with the Plaintiff on January 26, 2010, No. 11112, Dong 1302, B apartment housing site development zone (hereinafter “instant apartment”).

(1) The sales contract shall be sold in lots at KRW 408,00,000, and the contract shall be paid KRW 40,80,000 among the down payment at the time of the contract, KRW 27, 201, May 27, 2010, and KRW 27, 2011, Jan. 27, 201, and June 27, 201, and KRW 40,800,000, respectively, on February 27, 2012, and the remainder of KRW 122,40,00,000, respectively, on the date of the designation of occupancy (hereinafter “instant sales contract”), and the main contents of the contract at the time shall be as follows:

(1) In the event that the Defendant committed any of the following acts, the Plaintiff may rescind this contract after giving notice (Provided, That in the case of subparagraphs 6 and 7, the contract may be rescinded without peremptory notice).

2. Where he/she fails to pay any balance prescribed in Article 1 within three months from the agreed date;

3. In the event that the financial institution delays the repayment of the loan (including interest) after receiving the loan from the financial institution from the financial institution due to the Plaintiff’s guarantee, or delays the implementation of the procedure for creating a right to collateral security with a loan financial institution under an agreement on the loan for sale price, and the financial institution demands the Plaintiff to repay the loan, when the Plaintiff fails to comply with it even with a grace period of not less than 14 days, which has been set at least twice

However, even after the intermediate payment has been paid once, it is limited to cases recognized by the plaintiff.

Article 3. Exemplary Penalty (1) When the contract is terminated for reasons falling under each subparagraph of Article 2(1) and Article 2(2), the total amount of the sale price shall be 10% as penalty to the plaintiff.

③ In the case of paragraph (1), the Plaintiff.

유사 판례

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