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(영문) 수원지방법원안양지원 2015.11.11 2015가단104631
이자대납금반환등
Text

1. As to the Plaintiff’s KRW 47,196,43 and KRW 45,323,568 among them, the Defendant paid to the Plaintiff KRW 2,01,730 from June 27, 2014.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that sold the Seo-gu Incheon Metropolitan Government apartment B (hereinafter “instant apartment”) and the Poco Construction Co., Ltd. (hereinafter “Poco Construction”) was a contractor of the instant apartment on September 30, 2009 and was in charge of the management of the sales contract and the buyer according to the management-type land trust contract with the Plaintiff on September 30, 2009.

Accordingly, on January 19, 2010, the Plaintiff entered into a sales contract between the Defendant and the Scco Construction to pay 2802 Dong 3903 of the instant apartment house on April 2013; the supply price shall be KRW 816,40,000; two times in the case of the down payment; the intermediate payment shall be KRW 4,082,00; the intermediate payment shall be KRW 4,082,00 in six installments from March 15, 2010 to July 16, 2012; the remainder shall be KRW 8,164,000; and the remainder shall be KRW 24,4920,00 as payment on the occupancy designated date.

(hereinafter “instant sales contract”). B.

The Defendant paid the down payment in accordance with the instant sales contract, and the intermediate payment six minutes was loaned from the National Federation of Fisheries Cooperatives. However, the interest was paid by the Plaintiff by the time of the Defendant’s occupancy, and the Defendant agreed to pay the interest that was paid in advance to the Plaintiff when the Defendant moved in.

After that, the Plaintiff and Switzerland Construction notified the Defendant of the designation of the occupancy period from April 25, 2013 to August 24, 2013 as the occupancy period, and filed a claim for the payment of the remainder, part payments loan agreement, etc. under the instant sales contract at least twice, but the Defendant did not pay the remainder.

Accordingly, on July 2, 2014, the Plaintiff and Switzerland Construction in charge of the management of the sales contract and the buyer in accordance with the above trust contract sent to the Defendant by content-certified mail a notice stating the Defendant’s cancellation of the instant sales contract on the grounds of the Defendant’s default of the payment obligation under the instant sales contract and the intermediate payment loan agreement, and delivered it to the Defendant on July 5, 2014.

C. The Plaintiff loans part payments to the National Federation of Fisheries Cooperatives according to the instant sales contract, etc.

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