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(영문) 서울중앙지방법원 2018.09.21 2018가합516294
손해배상(기)
Text

1. The defendant has stated each amount of money in the "official fee" sheet for calculation of the amount of award by the plaintiff in attached Form 2 to the plaintiffs and the same.

Reasons

Facts of recognition

The defendant is a stock company that runs the housing and commercial sales business, etc., and is a company that supplied D commercial buildings located in Ilyang-gu Seoul Metropolitan City (hereinafter referred to as the "instant commercial building").

The defendant entered into a management-type land trust contract with the defendant and the trustee with respect to the new construction and sale of the commercial building of this case with E Co., Ltd. (hereinafter referred to as E).

From July 2016 to December 2, 2016, the Plaintiffs entered into a sales contract with E with respect to each commercial building indicated in the “same-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-

The main contents of each sales contract concluded between the plaintiffs and E (hereinafter “instant sales contract”) are as follows:

(A) Month of Commencement of Occupancy: Article 4 [Attachment Fee, Arrears Fee, and Compensation for Delay] (2) When a purchaser delayed the payment of an intermediate payment and a balance and the due date for the payment has expired as a result of delay in the payment of an intermediate payment, the due date for delay in August 2017 (which may be altered somewhat according to the process, and whichever is later notified : 5% per annum) shall be added to the delinquent amount as follows:

(1) Less than one month: 8.45% per annum; 2.1~3 months: 10.45% per annum; 3-6% per annum; 1.45% per annum; and 4 months or more: 13.45% per annum; and 13.45% (4) where the purchaser is unable to move into by the date scheduled for commencement of occupancy specified in this contract due to a cause attributable to the seller, “A” may pay the down payment and intermediate payment already paid to “B” in accordance with the overdue rate under paragraph (2) or pay only the portion calculated by deducting the liquidated damages from the remainder payment.

Article 14 [Other Matters] Prescheduled Months for Occupancy:

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