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(영문) 서울서부지방법원 2015.12.24 2014가합35358
위약금 등
Text

1. The Plaintiff:

A. Defendant A, B, C, and E shall have full payment of each of the above amounts of KRW 178,266,790 and each of the above amounts from November 21, 2015.

Reasons

1. Facts of recognition;

A. Defendant A, B, D, E, and F entered into a contract with the Korea Asset Trust Co., Ltd. (hereinafter “Korea Asset Trust”) on the purchase of H apartment located in Yongsan-gu G G (hereinafter “instant apartment”) as indicated in the following table (hereinafter “each of the instant sales contracts”), and Defendant C acquired the status of the buyer under the said sales contract by transfer of F’s status.

Defendant A (102-90,000,000 won on July 18, 2008, 102-802 579,00,000,000 won on July 31, 2008, Defendant B (102-902,579,000,000,000 won on August 23, 2008, 102-903579,000,000 won on July 18, 2008, 10,000 won on August 5, 2008, Defendant D 102-904,579,000,000 won on August 5, 2008, 100, 000 won on KRW 102-9,579,000,000,000 for Defendant E-10,000 won on May 10, 2008

B. Of each of the instant sales contracts, the major contents pertaining to the cancellation of the contract, interest on loans from intermediate payments, penalty, etc. are as follows.

(However) However, “A” means the Korea Asset Trust, “B” means the buyer, and “B” means the Plaintiff, the buyer, and “B” means the Plaintiff, the contractor. Article 2 (B)(3) The monthly interest on repayment to be borne by “B” in relation to a loan agreement subsequent to the interest on the part payment of the part payment, “B”, and “B” shall pay in lieu of “A” (joint and several sureties), and “B” shall pay in addition to the amount of supply prescribed in Article 1 at the time of occupancy, the entire repayment interest paid instead of “A” shall be paid to “A” separately from the amount of supply prescribed in Article 1. The base date for the burden on the lender shall be the date of the first occupancy designation designated by “A”, and “B” shall be borne by “A” after the base date on which the payment of the part payment was made instead of “A” until the base date prior to the date of the first occupancy designation.

Provided, That where a contract is terminated inevitably under the recognition of "A", "A" has already been paid by the date of request for the cancellation of the contract.

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