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(영문) 인천지방법원 2018.08.22 2018가단219351
기타(금전)
Text

1. The Defendant: KRW 48,820,243 to the Plaintiff and KRW 6% per annum from February 22, 2013 to March 22, 2018.

Reasons

1. Facts of recognition;

A. On September 27, 2009, the Plaintiff sold to the Defendant at KRW 523,00,000 the Seo-gu Incheon Seo-gu (hereinafter “instant apartment”) No. 101 Dong 604 (hereinafter “instant apartment”) as follows.

(hereinafter “instant sales contract”). - A - At the time of the remainder of the down payment of down payment and payment method under Article 1 (Supply Price and Payment Method), the Plaintiff may cancel this contract if the Defendant does not perform any of the following acts after giving notice, at the time of the six-time occupancy designation period of 26,150,00 - - 52,300,300 - 52,300,000 - 52,300,300,000 339,950,000 - Article 2 (Cancellation of Contract) (1) of the 2 (Cancellation of Contract) of the 39,950,000,000, respectively:

(2) When the balance under Article 1 is not paid within three months from the agreed date, if this contract is cancelled for reasons falling under each subparagraph of Article 2 (1) and Article 2 (2), 10% of the total sale price shall revert to the plaintiff as penalty for breach of contract.

(3) In the case of paragraph (1), the Plaintiff shall pay to the Defendant the remainder after deducting the penalty from the amount already paid by the Defendant, plus 2% interest per annum.

(4) Where this contract is terminated, where the Defendant has obtained a loan from a financial institution due to the guarantee of the Plaintiff or the Si Corporation, the Defendant reimburses the principal and interest of the loan (including the total amount of the loan that the Plaintiff paid to the financial institution on behalf of the Defendant) to the Plaintiff and the lending institution, and the Plaintiff refunds the balance after deducting the principal and interest of the loan and the penalty from the sale price

Article 6(2)(2) In the event that the intermediate payment is paid from the bank designated by the Plaintiff to the loan funds under the preceding paragraph, the Plaintiff shall pay the interest on the Defendant’s loan funds in lieu of the first day before the date on which the Plaintiff was designated as the resident, and the Defendant shall pay the interest that the Plaintiff has paid to the Plaintiff.

The late payment shall be made (the expiration date of the designation period for occupancy).

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