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(영문) 서울고등법원 2016.01.22 2015나2032439
위약금 등
Text

1. The following amount among the part against the defendant in the judgment of the court of first instance is equivalent to the amount ordered to be paid.

Reasons

1. Basic facts

A. 1) Korea Asset Trust Co., Ltd. (hereinafter “Korea Asset Trust”) is concluded, etc.

) The EAPD Co., Ltd. (hereinafter “EAPD”) is an executive company.

(2) On July 21, 2008, the Defendant concluded a sales contract with the Korea Asset Trust to sell the above apartment units of KRW 201 Dong 303 (hereinafter “the apartment units of this case”) from the above apartment units of KRW 488 million.

(3) According to the instant sales contract, the sales contract of this case (hereinafter “instant sales contract”) provides that KRW 10 million shall be paid at the time of the contract, the intermediate payment of KRW 290 million shall be paid in six installments from October 5, 2008 to June 5, 2010, and the remainder of KRW 185.2 million shall be paid on the date of designation of occupancy, respectively. 4) Of the instant sales contract, the main contents of the instant sales contract are as follows.

(A) In the instant sales contract form, “A” means the Korea Asset Trust; “B” means the buyer; “B” means the Plaintiff; and “B” means the Plaintiff respectively. Article 2 (B) (i) Loans related to the intermediate payment shall be extended from the first intermediate payment to the extent of 40% of the total sales amount after the conclusion of the instant contract, and may be changed depending on the circumstances of the Party A or the financial institution. (iii) The monthly interest repayment interest rate on behalf of the Party A (joint and several surety by the soldier); and the entire repayment interest paid by Party B shall be paid to Party A separately from the supply amount prescribed in Article 1.

The base date for burden on loan interest holders shall be the first date for designation of occupancy designated by A, and shall be the amount paid by A by the day immediately preceding the base date for the first designation of occupancy, and shall be the amount borne by B after the base date.

In addition, A.

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