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(영문) 인천지방법원 2015.09.22 2015가합54550
분양대금
Text

1. The Defendant’s KRW 344,79,179 and KRW 109,912,00 among the Plaintiff and the Plaintiff’s KRW 109,912,00 shall be from January 1, 2013 to May 29, 2015.

Reasons

1. Determination as to the cause of claim

A. Facts of recognition 1) The Plaintiff is the Incheon Metropolitan City B apartment complex (hereinafter “instant apartment”).

(2) On November 5, 2009, the Plaintiff and the instant apartment 105 dong 3003 entered into a sales contract with each of the following terms:

(1) Total supply amount: 31,540,00 won Sheshed down payment (payment at the time of a contract): 32,90,000 won 【Intermediate payment (first to sixth: 1st: April 15, 2010; 15, Feb. 15, 2011 ; 15, Jul. 15, 2011 ; 201.15, May 15, 201 ; 201.32,90,000 won ; 201.0,000 won ; 32,000,000 won ; 20,000 won ; 30,000 won ; 20,000 won ; 30,000,000 won ; 20,000 won ; 3.0,000 won ; 20,000 won ; and 20,015.3,0630.

5) Meanwhile, at the time of concluding a sales contract with the Plaintiff, the Defendant agreed to pay a direct loan to the Plaintiff when the Defendant entered into an agreement with the financial institution for an intermediate payment loan with the financial institution. At the same time, the Plaintiff agreed to provide a joint and several surety for the Defendant’s intermediate payment loan obligation, and at the same time, the Plaintiff paid interest for the month in which the date of inspection on the use of the instant apartment house belongs and settled the remainder payment at the time of the Defendant’s payment. 6) In accordance with the above agreement, the Defendant borrowed an intermediate payment amounting to KRW 197,9

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