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(영문) 서울고등법원 2015.12.11 2015나2025950
위약금 등
Text

1. Of the part against the defendant in the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordering payment below.

Reasons

1. Basic facts

A. 1) Korea Asset Trust Co., Ltd. (hereinafter “Korea Asset Trust”)

) The EAWD Co., Ltd. (hereinafter referred to as “EAWD”) is an executor.

2) The Plaintiff, the contractor, and the Plaintiff, is the Simsan H Apartment (hereinafter “instant apartment”) located in the Simsan-gu G G department in Yongsan-gu, Seoyang-si.

A) On June 2, 2009, the Defendant entered into a sales contract with the Korea Asset Trust with the content that the purchase price of KRW 929,00,000 among the instant apartment units shall be KRW 801,00,000, and the down payment of KRW 30,000 shall be KRW 557,40,000 on the date of the contract, the intermediate payment of KRW 557,40,00 on the date of the contract, and the remainder of KRW 341,60,00 on June 5, 2010, and the remainder of KRW 341,60,00 on the designated date of occupancy (hereinafter “instant sales contract”).

(2) On the same day, the sales contract in this case is rescinded where the buyer fails to pay the remainder within three months from the payment expiration date designated by the Korea Assets Trust (hereinafter “the instant intermediate payment interest special agreement”) under the instant sales contract. (2) The buyer pays the sales contract in this case as penalty the amount equivalent to 10% of the total amount of the sales price to the Korea Assets Trust (hereinafter “Korea Assets Trust”).

B. In order to prepare the intermediate payment for the instant sales contract, the Defendant borrowed the total amount of KRW 57,400,000 from the national bank and the National Credit Union Federation of Korea under joint and several sureties of the Plaintiff, etc. (i) KRW 185,800,000, and the relevant loans from the national bank and the National Credit Union Federation of Korea.

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