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(영문) 인천지방법원 2015.11.26 2015가단216719
이자대납금반환등
Text

1. The Defendant’s KRW 38,57,551 as well as the Plaintiff’s KRW 6% per annum from June 25, 2014 to March 19, 2015.

Reasons

1. Basic facts

A. On January 29, 2010, the Defendant sold B apartment units 2802 Dong 4601 (hereinafter “instant apartment units”) in Seo-gu, Incheon, which was constructed by the Plaintiff Poco Construction (hereinafter “Posco Construction”).

B. The main contents of the above sales contract (hereinafter “instant sales contract”) are as follows.

The indication of property: (The scheduled date of occupancy of the instant apartment: (The scheduled date of occupancy and the period of designation of occupancy may be altered by the process, etc.) April 2013: (The Plaintiff may later cancel the sales contract in the following cases: (i) 1th ( March 15, 2010) 3th ( December 15, 2010) 4th ( October 15, 2011) (6th ( March 15, 201) 6th (6th ( June 16, 2012) 32,05,000 won, 604,000 won, 100, 1000 won, 109, 1000 won, 209, 2030, 2000 won, 15th) 1, 2030, 200 won, respectively, on the date of designation of occupancy; and (ii) the Plaintiff cannot cancel the sales contract in the following case.

(2) When the remainder is not paid within 3 months from the end of the period designated for moving-in, and at least 14 days has not been paid even if a peremptory notice was given at least twice by setting a grace period for 14 days or more. (3) Where a loan is arranged by the Plaintiff, Switzerland Construction, a financial institution’s business agreement, and the Defendant claims the Plaintiff to pay the remainder on behalf of the Plaintiff on at least two occasions due to the Defendant’s failure to pay the agreed interest, etc., even if a peremptory notice was given by the Plaintiff at least 14 days, the contract shall be cancelled if the Defendant fails to pay the interest, etc. to the financial institution, or the interest, etc. is not paid to the financial institution by the due date of the late payment or the due date of the intermediate payment.

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