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(영문) 부산지방법원 동부지원 2021.02.10 2019가합106414
분양대금반환 등
Text

1. Defendant B Co., Ltd.: KRW 19,769,770 for the Plaintiff and KRW 5% per annum from September 20, 2019 to February 10, 2021.

Reasons

1. Basic facts

A. Defendant B Co., Ltd. (hereinafter “Defendant B”) is a company that carries out a business of newly building and selling a F hotel on the land of Busan Shipping Daegu D and E (hereinafter “instant hotel”). Defendant C Co., Ltd. (hereinafter “Defendant C”) is a new executor and time contractor who newly built the instant hotel.

B. On February 17, 2017, G entered the instant hotel H (hereinafter “H”) agreement with the Defendants to receive KRW 197,697,700 from the sales price, and paid the Defendants the down payment of KRW 19,770,00 (hereinafter “instant sales contract”). The Plaintiff acquired the status of the two parties under the instant sales contract from G. The Plaintiff acquired the status of the two parties under the instant sales contract.

The scheduled date of the entry into the sales contract in this case: April 2019 (the scheduled date of entry into the sales contract in this case may be altered somewhat according to the inspection and process of use, and the accurate date of entry into the sales contract and the payment date of remainder shall be notified later separately).

Article 2 (A discount charge, late payment charge, and delayed compensation) (2) Where the payment of the intermediate payment and the remainder is delayed, the “B” shall pay the late payment charge in accordance with the following table:

Provided, That the period of arrears shall be calculated from the date following the date of the designation of the remainder after completion.

(Attachment omitted) (4) If “A” is unable to move into “B” on the date of commencement of the occupancy under this Agreement, the amount calculated by applying the interest rate of 15% per annum as set forth in this Article to “B” the down payment and intermediate payment already paid shall be paid as delayed prize or deducted from the balance of the purchase price.

(5) Where approval for use (construction completion) is delayed due to force majeure, such as an administrative order, which is not a natural disaster or a cause attributable to "A", "A" shall notify "B" of such approval, and in such cases, the compensation for delay prescribed in this Article shall not be paid.

Article 3 (Advanced Payment and Balance-Free Loan) ① Of the gold, part-time payment loans (50% of the sales price) are designated as “A”.

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