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(영문) 서울중앙지방법원 2017.11.14 2015가단50598
구상금등
Text

1. The Defendant shall pay to the Plaintiff KRW 19,427,00 and the interest rate of KRW 15% per annum from October 25, 2017 to the date of full payment.

Reasons

1. Basic facts

A. The Unaccompanied Comprehensive Engineering Co., Ltd. (hereinafter referred to as the “Unaccompanied”) newly constructed and sold C apartment (hereinafter referred to as the “instant apartment”) which is a multi-family housing of 3,000 households on the land of 169,840 square meters on the land outside Busan Nam-gu and 34 lots. The Plaintiff is a contractor who received a contract for the construction of the instant apartment from unaccompanied.

B. On June 3, 2005, the Defendant concluded a sales contract with the following contents (hereinafter “instant sales contract”) by setting the total sales price of KRW 669,50,000 with respect to the instant apartment Nos. 109, 1903 as KRW 669,50,000 between the Ministry of Land, Infrastructure and Transport.

(A) The Defendant asserts that the instant sales contract had not been entered into between the parties without charge, and that there was no claim that the instant sales contract was concluded between the parties without charge (see, e.g., Supreme Court Decision 2006Da1548, Apr. 2, 2006).

Article 1 (Supply Prices and Payment Methods)

1. The down payment shall be paid for KRW 33,40,00 for the first time in the contract, KRW 66,950,00 for the second time in July 20, 2005, KRW 66,950 for the intermediate payment, KRW 66,950 for the first time in December 20, 2005, KRW 100 for the second time in May 20, 2006, KRW 66,950 for the third time in October 20, 206, KRW 66,950,00 for the third time in March 20, 200, KRW 66,950 for the second time in March 20, 200, KRW 650 for the second time in August 20, 200 for the second time in August 20, 207, KRW 36,000 for the second time in May 36, 2008, respectively.

According to the interest late payment system, A loans arranged to B is 50% of the total sales price from the first intermediate payment to the fourth intermediate payment, including 10% of the second down payment.

3. The sum of 10% of the total sales amount and 10% of the total sum of 10% of the second down payment and 10% of the first and fourth intermediate payment are the form of interest payment in which A mediates loans to B and pays the remainder and interest of loans at the time of B occupancy.

4. Interest on any part of the intermediate payments to be financed shall be paid by Party A by the beginning date of designation of occupancy.

Article 2 (Cancellation of Contracts)

1. A shall have committed any of the following acts:

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