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(영문) 부산고등법원(창원) 2015.12.10 2015나21601
손해배상(기)
Text

1.The judgment of the first instance shall be modified as follows:

Defendant 2,672,362 won to Plaintiff A, and 3,435,894 won to Plaintiff B.

Reasons

1. Basic facts

A. The Defendant is a company that newly built and sold E apartment units in the course of implementing the F Urban Development Project at the Jeju Island, and the Plaintiffs were sold in the joint name the above apartment units No. 101 (hereinafter “instant building”).

B. On August 14, 2013, the Defendant entered into a supply contract with the Plaintiffs as of November 29, 2013 (hereinafter “instant supply contract”) with respect to the instant building and site, and received KRW 386,00,000 from the Plaintiffs for the intermediate payment on the same day, and received KRW 64,335,00 on September 25, 2013.

C. According to the instant supply contract, in cases where the Defendant, a seller, fails to move to the Plaintiffs by the end of November 2013, 2013, the Plaintiffs paid the down payment and the intermediate payment already paid, or deducted from the remaining payment, the compensation for delay pursuant to the overdue rate as listed below (Article 5(3) of the above contract). (2) In cases where the Plaintiffs, a buyer, delay in the payment of the remainder, the Defendant paid the remainder to the Defendant by adding the late payment charge at the same overdue rate

(Article V(2) of the above Agreement - 1 day for the period. - 30 days - 91 days - 90 days - 9.73% of the overdue rate exceeding 181 days - 11.73% 12.73% of the above Agreement 22.73%

D. On February 27, 2014, the Defendant obtained a provisional use approval for the instant building from the macro-market, and notified the Plaintiffs that it is possible to move into the instant building from February 28, 2014 to April 30, 2014. On May 27, 2014, the Defendant completed a final inspection on the entire urban development project including the instant building and site from the macro-market on May 27, 2014.

E. Until July 24, 2014, the Defendant completed each registration of initial ownership by designating the location number of the instant building and the instant site as “Seoul” and completing each registration of initial ownership registration. The Plaintiffs paid the remainder of KRW 836,35,000 to the Defendant on July 31, 2014, and the Plaintiffs paid each ownership transfer registration of the instant building and the instant site as Plaintiff A35/100, Plaintiff B45/100, and Plaintiff C20/100.

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