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(영문) 의정부지방법원 2018.10.05 2018나202430
기타(금전)
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. The Plaintiff is a business operator operating and managing the supply, sale, etc. of neighborhood living facilities in Gangseo-gu Seoul Metropolitan Government and C.

B. On May 8, 2016, the Plaintiff sold 208-1 among the above buildings to D with the following content:

(hereinafter “instant sales contract”). ① Total sales price of KRW 1,485,300,00: 148,530,000 for down payment (in the event of a contract), intermediate payment of KRW 891,180,00 for intermediate payment of KRW 148,530,00 for each intermediate payment of KRW 148,530,00 for December 1, 2016, and the remainder of KRW 148,530,00 for six intermediate payments of KRW 148,530,590 for each intermediate payment of KRW 445,590 for each of the remaining payments of KRW 445,00 (date of designating a store):

(4) When a contract is rescinded due to a cause falling under Article 3(1)3 of the terms of the contract, the seller shall compensate the Plaintiff for an amount equivalent to 10% of the total sale price as penalty.

The Plaintiff is also liable for the repayment of the principal and interest paid to loan financial institutions on behalf of the seller for the intermediate payment loan of the seller for sale.

(5) In the event that an intermediate payment loan takes place at each financial institution arranged by the Plaintiff, the Plaintiff shall pay in full the interest on the part payment loan, regardless of the interest rates of each financial institution.

(Article 3(1). The seller shall apply for a loan against security to financial institutions or other financial institutions that lend part payments at his/her own responsibility and expense before the sale of the part payments.

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