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(영문) 서울중앙지방법원 2015.06.16 2014가합540817
위약금청구의 소
Text

The plaintiffs' claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

Basic Facts

A. The Defendants constructed the Yeongdeungpo-gu A apartment (hereinafter “instant apartment”).

B. On May 15, 2013, the Plaintiffs entered into an apartment supply contract (hereinafter “instant supply contract”) with the Defendants on the following terms: (a) the Defendants and the 101-dong 402, and the 29-households (15-households were concluded between the Plaintiff Handip Co., Ltd. and the Defendants; and (b) the remaining 15-households were entered into between the Plaintiff Korea Industrial Development Co., Ltd. and the Defendants):

(Preparation of a separate contract by each household, but the same does not apply to the area and the supply price of each building). The location where the property to be indicated in the apartment supply contract is indicated: Article 1 (Supply Price and Payment Method) (1) of the Housing Act No. 101, 602 (44 square meters) of the Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, Gyeonggi-do, G shall supply the above indicated property by the following methods, and Eul shall pay the relevant

1th floor: 32,00,000 won for supply (including balcony expansion expenses), 10,000,000 won for down payment (in case of a contract), 132,00,000 won for intermediate payment (as of July 14, 2013), and Article 2 (Cancellation of Contract) (1) of the balance (as of July 14, 2013), Article 190,000,000 won for intermediate payment (as of July 14, 2013), and Article 2 (Cancellation of Contract) (1) where Party B performs any of the following acts, Party A may cancel this contract after giving a peremptory notice, if not performed:

1. Where the balance is not paid within the agreed date.

However, in cases of the payment of part payments, it shall be limited to cases recognized by A.

(3) B may rescind this contract where it is impossible to move into within three months from the scheduled date for payment of the balance due to any cause attributable to A.

Article 3 (Penalty) (1) When this contract is terminated for reasons falling under Article 2 (1) and (2), 10% of the total amount of supply price shall be reverted to A as penalty.

(2) When this contract is terminated for reasons falling under paragraph (3) of Article 2, A shall pay to B 10% of the total amount of the supplied price as penalty.

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