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(영문) 의정부지방법원고양지원 2017.06.14 2016가단17210
위약금 등
Text

1. The defendant's KRW 16,809,825 for each of the plaintiffs and 6% per annum from November 27, 2011 to June 14, 2017, respectively.

Reasons

1. On March 25, 2008, 503, 2403, 2403, 28, 135,000 won, 337,620,000 won, 196,945,00 won as follows, the Plaintiffs, as co-execution company of B apartment, concluded a sales contract (hereinafter “instant sales contract”) with the Defendant as a co-execution company of B apartment.

When a sales contract is cancelled due to a cause attributable to the defendant of the penalty clause in the contract, 10% of the sales price shall be paid as penalty.

From the date preceding the date of the designation of occupancy with respect to the loan holders of the intermediate payment 1, 2, and 3 installments, the Plaintiffs pay the interest paid by the Plaintiffs at the time of occupancy. The interest accrued from the date of the designation of occupancy with respect to the loan holders of the intermediate payment 4, 5, and 6 installments shall be borne by the Defendant, and the Plaintiffs shall pay the interest accrued from the date of the designation of occupancy with respect to the intermediate payment 4, 5, and 6 installments, and the Defendant shall pay the interest accrued from the date of the designation of occupancy. However, on September 22, 2011, the Defendant notified the Defendant that the Plaintiff did not pay the remainder after the lapse of December 31, 2010, which was the expiration date of the designation of occupancy, and notified the Defendant that the payment of the principal and interest on the loan bank should be made to the Defendant, and that the Defendant did not respond to the cancellation of the sale contract at issue, and that it shall be returned to the Defendant as set forth below.

The Plaintiffs, 56,270,000, a penalty of 10% of the supply value, calculated by the rate of 6% per annum from the date of the last installment payment to the date of cancellation of the sales contract for the payment for the 15,485,292 payment for the 10% of the supply value, shall be 705,072.

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