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(영문) 부산지방법원 2020.09.01 2019가단325106
약정금
Text

1. The defendant 12,937,623 won to the plaintiff and 5% per annum from April 23, 2020 to September 1, 2020.

Reasons

1. Basic facts

A. F Co., Ltd. (hereinafter “F”) operated by D, E, etc., including the sale of C buildings and the Defendant’s sales contract

(C) From May 2016, 2016, the C building located in Busan-gun G (hereinafter referred to as “C building”).

) H Co., Ltd. (hereinafter “H”) is proceeding with the enforcement and sale of shares.

(2) On May 16, 2016, the Defendant and I concluded a sales contract (hereinafter “sale contract in this case”) with H to set forth KRW 1,091,40,000 for the sales price, KRW 109,140,00 for the first and fifth intermediate payments, KRW 109,140,000 for the sales price, and KRW 436,560,00 for the remainder of the sales contract (hereinafter “sale contract in this case”).

After February 24, 2017, the Defendant acquired shares in the instant sales contract from I to become a single buyer.

The defendant paid the down payment, the first and the fifth intermediate payment, and the second and fifth intermediate payment received the intermediate payment loan from the K Association.

The relevant parts of the instant sales contract are as follows.

Article 3 (Cancellation of Contracts) (2) The buyer may cancel this contract by himself/herself in cases falling under his/her own circumstances.

However, even if an intermediate payment is paid once, it shall be limited to cases recognized by the seller.

(3) Where any of the following causes occurs due to a cause attributable to a seller, the buyer may cancel the relevant contract:

1. Where occupancy is delayed for more than three months from the scheduled date of occupancy. Article 4 (Penalty, etc.) (2) Where this contract is rescinded for reasons falling under Article 3 (3), the seller shall pay 10% of the total supplied amount to the purchaser as penalty;

(3) In cases falling under paragraphs (1) and (2), the trustee and the seller shall be prescribed by the Civil Act from the date of receipt to the date of return, respectively.

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