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(영문) 의정부지방법원고양지원 2017.10.13 2016가합1892
위약금 등
Text

1. The Defendant’s KRW 44,815,985 per annum against each of the Plaintiffs and 6% per annum from May 23, 2013 to October 13, 2017.

Reasons

1. Facts of recognition;

A. 1) The Plaintiffs entered into a sales contract between the Plaintiffs and the Defendant 1) The Plaintiffs are Ildong-gu Busan Metropolitan City B (hereinafter “instant apartment”).

(2) On April 24, 2008, the Defendant entered into a sales contract with the Plaintiffs (supplier, implementer, and supplier (hereinafter “supply agent, contractor,”) and brick construction Co., Ltd. (hereinafter “building wall construction”) for KRW 842,40,000 for the sales price of the apartment of this case (hereinafter “sale contract of this case”). On April 24, 2008, the Defendant agreed to pay KRW 10,000 for the first down payment of KRW 32,120,00 for the date of the contract, and the second down payment of KRW 505,440,00 for the intermediate payment of KRW 84,240,000 for the remainder payment of KRW 294,840 for each time).

The defendant paid all the above 1 and 2 down payment.

(3) The scheduled date of occupancy from among the outlines of Article 1 (General Provisions) of the "Contract for Sale by Units (No. (A)": October 2010 (the process may be altered somewhat, and in this case the individual notice shall be later notified) (5).

1. The defendant shall pay any balance of the above supply price not later than the expiration date of the occupancy designation period notified by the plaintiff and the Musan Construction.

Article 2 (Cancellation, etc. of Contract) (1) When the defendant commits any act falling under any of the following subparagraphs, the contract may be rescinded upon the notice of cancellation if it is not performed after setting a certain period of time:

(Provided, That in the case of subparagraph 1, it is not necessary to issue an additional demand notice). 1. Where the part payment has not been made on more than two consecutive occasions and a peremptory notice has been given for a grace period of 14 days or more.

2. Where the balance fails to be paid within three months from the expiration date of the designation period for occupancy.

3. The financial institution in violation of an agreement with a financial institution after receiving a loan from the financial institution as a joint and several surety of the plaintiffs and brick construction, in violation of the agreement with the financial institution.

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