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(영문) 서울중앙지방법원 2016.05.11 2015가합554066
분양대금
Text

1. The Plaintiff:

A. As to Defendant B’s KRW 342,644,524 and KRW 109,912,00 among them, Defendant B shall be from January 1, 2013 to July 17, 2015.

Reasons

1. Basic facts

A. The Plaintiff and the Defendants’ sales contract No. 1 B 101, 3402, 331,540,000 on November 7, 2009, 200 100,610,002 D 110, 2703, 2703 November 31, 2009, 3310,540,000 10,610,000 10,610,000 10,000) between the Defendants and the Plaintiff, Jung-gu, Incheon (hereinafter “instant apartment”).

As follows, each contract for sale in lots (hereinafter “instant contract for sale in lots”) shall be classified as follows:

(A) The sales contract of this case was concluded. The additional interest rate (A) interest rate on the average credit (B) interest rate (AB) 1 to 30 days 5.96% 5.96% 10.96% 31 to 90% 8% 13.96% 96% 13.96% 91 to 180% 91% 14.96% 181% 10%, but 10% 15.96% 2%, out of the sales contract of this case, the intermediate payment shall be paid on six occasions at the time of the contract, and the remainder shall be paid on the date of designation of occupancy as determined by the Plaintiff.

Each of the instant sales contracts determined the interest rates on delay when the Defendants delayed the payment of intermediate payment and the remainder as follows.

(2) On May 30, 201, B 101, B 101, B 3402, and 9,302,000, D 1110,2703, May 29, 2010, the Plaintiff entered into an options construction contract with the Defendants, such as the expansion of balcony as follows. Under the above contract, the Plaintiff entered into an options construction contract with the Defendants to pay the balance of the options construction cost on the designated date for the Plaintiff’s occupancy, and Article 5 of the Agreement shall apply mutatis mutandis to the case where the Defendants delayed payment of the balance on the part of the Defendants’ intermediate payment mediation and subrogation (i.e., “A”’s obligation to collect profits from the intermediate payment).

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