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(영문) 의정부지방법원고양지원 2017.05.24 2016가단19698
위약금등
Text

1. The Defendant: 6% per annum from October 7, 2014 to July 7, 2016 with respect to each of the Plaintiffs’ KRW 37,962,615 and each of the said money.

Reasons

1. Basic facts

A. The Plaintiffs are co-executions of the “Seoul Apartment-gu, Mangsan-gu, Sogdong-gu, Sogdong-gu,” respectively.

B. On March 31, 2009, the Plaintiffs concluded a sales contract with the Defendant with regard to the above C Apartment 506 dong 2702 (hereinafter “instant apartment”) as indicated below (hereinafter “instant sales contract”).

C. Articles 2 and 3 of the instant sales contract include the fact that when the Defendant cancels the instant sales contract by failing to pay any balance within three months from the expiration date of the designation period of occupancy designated by the Plaintiffs, 10% of the total value of supply should be reverted to the Plaintiffs as penalty (a penalty for breach of contract, which is separate from the damages claim).

On March 31, 2009, the Plaintiffs and the Defendant concluded an additional agreement (hereinafter “instant additional agreement”) containing the content on the interest on the intermediate payment loan (hereinafter “instant additional agreement”).

With respect to the interest on the first, second, and third-time part payments of part payments, the Plaintiffs shall pay for the interest on the first day prior to the date of the designation of the occupancy, and the Defendant shall reimburse the Plaintiffs for the interest on the loan that has been paid to them, and the interest accrued from the date of the designation of the occupancy shall be borne by the Defendant.

With respect to the interest on three-time loans on the total amount of part payments 4, 5, and 6 installments, the plaintiffs shall pay for the interest accrued from the date preceding the date of commencement of the designation of occupancy, and the defendant shall bear the interest incurred from the date

E. The Defendant paid the down payment to the Plaintiffs pursuant to the instant sales contract, and thereafter, took out a loan of KRW 505,440,000 in total on six occasions from the financial institutions that concluded an agreement on the part payment loan with the Plaintiffs (i.e., KRW 336,960,00 in total on four occasions from the new bank, and KRW 168,480,00 in total on two occasions from the new bank) and paid it as part payment.

F. Meanwhile, the Plaintiffs’ date of designation of occupancy designated by the Plaintiffs pursuant to the instant additional agreement ( October 31, 2010).

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