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(영문) 인천지방법원 2016.02.17 2015가단212366
이자대납금반환등
Text

1. The Defendant’s KRW 38,508,517 as well as 6% per annum from September 30, 2014 to February 17, 2016 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On January 13, 2010, the Plaintiff concluded a sales contract (hereinafter “instant sales contract”) with the Defendant with respect to B apartment units 2801 Dong 2201 (hereinafter “instant apartment units”) in Seo-gu Incheon, Seo-gu, Seoul (hereinafter “instant apartment”). The main contents are as follows.

A seller: A (Plaintiff), buyer (Defendant), and buyer: The scheduled date of occupancy of Byung (Skco Construction): April 2013 (the scheduled date of occupancy and the period of designation of occupancy) : D (the scheduled date of occupancy and the period of designation of occupancy are somewhat changed according to process, etc.) the total supply amount of KRW 603,90,000 (10%) and the intermediate payment (10%) and the intermediate payment (30%) 1 (10%) 2 (15. 15. 10. 15. 10. 15. 12. 5 (15. 15. 12. 15. 15. 12. 6. 15. 16. 10, 100, 106. 10. 16. 10) and 15. 10. 30. 15. 16. 15. 16. 106. 107. 15. 20. 15. 1. 10. 20. 1. 15. 1. 15. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 2

(3) Where a financial institution requests implementation on behalf of a financial institution on more than two occasions due to the existence of a loan arranged under the business agreement of the financial institution and the payment of interest agreed upon, etc., on more than 14 days, the bank shall cancel this contract if it fails to pay the interest, etc. to the financial institution, or fails to pay the interest, etc. by the due date of an intermediate payment loan or fails to pay the interest, etc. to a secured loan on more than two occasions: Provided, That the bank shall cancel this contract if it fails to pay the interest, etc. to the financial institution even after the lapse of the relevant grace period, and the contract is cancelled by a loan of an intermediate payment and an intermediate payment after the due date of an intermediate payment.

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