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(영문) 부산지방법원 2017.02.09 2016가합2348
채무부존재확인
Text

1. The plaintiff (Counterclaim defendant, the designated party) and the designated party are attached Form 2 (Counterclaim plaintiff) with interest payment table on the part of the defendant (Counterclaim plaintiff).

Reasons

Basic facts (see this case's sales contract and payment of interest on the intermediate payment) Co., Ltd. (hereinafter referred to as the "Cuk Housing") are the same housing industry development (hereinafter referred to as the "Cuk Housing").

2) The plaintiff 1 and the plaintiff 1 are the plaintiff 1 and the plaintiff 1 and the plaintiff 1 are the plaintiff 1 and the plaintiff 1 are the plaintiff 1

(i) the co-implementers and co-sellers of the new construction project, and the C&C Co., Ltd. (hereinafter collectively referred to as “C&C housing”) is co-implementers and co-seller

(2) On June 2007, as the contractor of the new apartment construction of this case, the Plaintiff and the designated parties directly concluded a sales contract with the same housing unit as shown in the attached Table 2, or succeeded to the status of the sales contract from the buyer of this case as the purchaser of this case, according to the public notice of the above recruitment.

(2) The sales contract of this case includes the plaintiff, the designated parties, and the initial buyers of the apartment of this case). Of the sales contract of this case, the parts related to this case are as follows.

Article 1 (Amount and Method of Payment) (4) If the plaintiff et al. applies the intermediate payment with the loans from the financial institutions designated by the Dongdaemun Housing et al. in October 2010 (where it is somewhat changed according to the process), the plaintiff et al. shall be able to attend the contract, sign the loan documents, and lend the intermediate payment on the date of the contract in the name of the plaintiff et al. with all documents necessary for the loan.

(6) The interest from the first loan implementation date to the beginning date of the designation of the occupation in the sub-paragraph (4) that the sub-paragraph (4) is later notified shall be paid on behalf of the sub-contractor.

Article 2 (Contract and Fees, Overdue Charges, and Compensation for Delay) (2) If the plaintiff, etc. delays the payment of the second down payment, the intermediate payment, and the balance, the late payment charge calculated by applying 10% per annum to the number of overdue days shall be added.

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