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(영문) 의정부지방법원 고양지원 2017.01.13 2016가단19568
위약금 등
Text

1. The Defendant’s each of the Plaintiffs’ KRW 32,984,507, as well as 6% per annum from October 7, 2014 to July 5, 2016.

Reasons

1. Basic facts

A. The plaintiffs are the contractors of "Yong-dong, So-gu, So-gu B Apartment-gu."

B. Around March 10, 208, the Plaintiffs decided to sell the said B Apartment Nos. 307, 1104 (hereinafter “instant apartment”) to the Defendant KRW 808,400,000 (5% of the parcelling-out price) from the Defendant when entering into a contract, the amount of KRW 40,420,000 (60% of the parcelling-out price) was divided into six parts, and the intermediate payment of KRW 485,040,00 (60% of the parcelling-out price) was divided into KRW 80,840,00 each, until May 20, 2010, and the remainder amount of KRW 282,940,00 (35% of the parcelling-out price) was paid at the time of moving-out.

(hereinafter “instant sales contract”). C.

Articles 2 and 3 of the instant sales contract include the fact that the Defendant did not pay any balance within three months from the expiry date of the designation period of occupancy designated by the Plaintiffs and thus cancel the said sales contract, it shall vest ten percent of the total value of supply in penalty for breach of contract.

With respect to the interest on loans for the first, second, and third three-time part payments among the six-times of part payments, Gap (Plaintiffs) shall pay for the part preceding the date on which the occupancy is designated, and Eul (Defendant) shall reimburse the interest on loans paid to Gap (Plaintiffs) at the time of occupancy, and the interest accrued from the date on which the occupancy is designated shall be borne by Eul (Defendant).

A (Plaintiffs) shall pay for the interest accrued on three occasions in total, including part payments 4, 5, and 6, up to the day preceding the date of commencement of the designation of occupancy, and the interest accrued from the date of commencement of the designation of occupancy shall be borne by B (Defendant).

At the time of concluding the above sales contract, the Plaintiffs and the Defendant entered into an additional agreement containing the following terms on the apportionment of interest on the intermediate payment loan.

(hereinafter referred to as “instant additional arrangement”). E.

The Defendant: (a) total of KRW 485,040,000 [the total of KRW 323,360,000 (one minute 80,840,000 x 4 times) from a new bank] and KRW 161,680,00 in total from a new credit union (one minute 80,840,000 x 4 times) and KRW 161,680,000 in total from a new credit union (one minute 80,000 once).

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