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Reasons
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(영문) 인천지방법원부천지원 2015.02.12 2014가단4400
손해배상(기)
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1. The Defendant’s KRW 26,530,052 as well as the Plaintiff’s KRW 6% per annum from October 11, 2013 to February 12, 2015, and the following.

Reasons

1. Facts of recognition;

A. On November 6, 2009, the Plaintiff, a company running the business of housing construction, etc., entered into a contract with the Defendant to sell the above apartment Nos. 107 and 302 (hereinafter “instant apartment”) in the unit price of KRW 312,10,000 (hereinafter “instant apartment sale contract”), and received KRW 15,605,00 as the first down payment from the Defendant on the same day.

B. At the time of the instant sales contract, the Defendant shall pay the remaining down payment (hereinafter referred to as “the second down payment”)

() KRW 31,210,000 has been paid in December 5, 2009. The intermediate payment shall be divided into the intermediate payment to be paid in installments on December 5, 2009, and the intermediate payment shall be paid in KRW 31,210,000 each on October 5, 201, and the remainder shall be paid in KRW 78,025,000 as follows. Article 2 [1] The cancellation of the instant contract may be rescinded where the Defendant performs any of the following acts after peremptory notice:

2. When he/she fails to pay any balance within three months from the agreed date.

3. In the event that a loan is arranged by the Plaintiff’s guarantee and the Defendant’s loan is not paid with interest, etc., and the financial institution claims repayment on behalf of the Plaintiff, when the Plaintiff did not pay the interest, etc. to the financial institution even at least twice a grace period of not less than 14 days and the Defendant did not pay the interest, etc. to the financial institution: Provided, That the purport of “the contract shall be cancelled if the interest, etc. is not paid to the financial institution after the grace period has expired, and the remainder

Article 3 [Penalties] (1) When this contract is terminated for reasons falling under Article 2 (1) (1) through (3), 10% of the total amount of the sale price shall be the penalty.

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