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(영문) 서울서부지방법원 2015.06.05 2014가합35341
위약금 등
Text

1. The Plaintiff:

A. Defendant A’s KRW 186,097,830 and interest rate of KRW 20% per annum from April 9, 2014 to the date of full payment.

Reasons

1. Basic facts

A. Korea Asset Trust Co., Ltd. (hereinafter “Korea Asset Trust”) is a company that sells G apartment (1 complex 79 households, 2 complex 237 households, total 316 households, and 316 households; hereinafter “instant apartment”) in trust from EPD Co., Ltd. (hereinafter “EPD”), and the Plaintiff is a company that constructed the instant apartment.

B. 1) The Defendants are entitled to each household unit of the Korea Asset Trust and the instant apartment complex two complexes as follows (hereinafter “each of the instant supply contracts”).

The contractor’s contract date, the contract amount of the same subparagraph of this case was concluded. The contractor’s contract amount was 579 million won on August 26, 2008, and the contract amount was 10 million won on July 30, 2008, which was 579 billion won on July 30, 2008, and KRW 179 billion on September 5, 2008, and KRW 179 million on September 5, 2008, KRW 10 million on August 23, 2008, KRW 179 million on August 23, 2008, KRW 10 million on August 57, 2008, KRW 10 million on August 57, 2008, KRW 9 million on August 7, 2008, and the main contents of each of the supply contract are as follows:

(A) In each of the instant supply contracts, “A” is the Korea Asset Trust; “B” is the buyer; “B” is the Plaintiff respectively; “B” is the Plaintiff. Article 2 (B) (i) The loan related to the intermediate payment is within the scope of 40% of the total sales amount from the first intermediate payment after the conclusion of the contract with “B” to the extent of 40% of the total sales amount, but may be changed depending on the circumstances of the Plaintiff or the financial institution. (iii) The monthly interest repayment interest rate on behalf of the Plaintiff (joint and several surety by the soldier); and the entire repayment interest paid by the Plaintiff on behalf of the buyer shall be paid to the Plaintiff separately from the supply amount prescribed in Article 1.

The base date for burden on loan interest holders shall be the first date for designation of occupancy designated by A, and shall be the amount paid by A by the day immediately preceding the base date for the first designation of occupancy, and shall be the amount borne by B after the base date.

In addition, the interest rate on intermediate payment paid by Gap is also the interest rate.

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