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(영문) 서울중앙지방법원 2016.05.27 2015가합560382
분양대금
Text

1. The Plaintiff:

A. As to Defendant B’s KRW 345,413,179 and KRW 110,526,00 among them, Defendant B shall be from January 1, 2013 to May 27, 2016.

Reasons

1. Basic facts

A. Sales contract and option construction contract 1) The plaintiff newly constructed Jung-gu Incheon Metropolitan City E apartment (hereinafter "the apartment of this case")

As to the Defendants, the sales contract in question (hereinafter “instant sales contract”) with the Defendants as follows.

(1) The Defendants paid the down payment to the Plaintiff on the date of entering into the instant sales contract (hereinafter “instant sales contract”), and the intermediate payment was paid on six occasions as determined by the Plaintiff, on November 3, 2009, KRW 32,990,000 on December 11, 2009, KRW 250, KRW 331,540,00 on December 11, 2009, KRW 2328,180,000 on February 11, 2010, KRW 1404 on February 328, 2010, KRW 2106, KRW 2102 on November 3, 2009, KRW 31,540,00 on November 3, 2009).

The payment, balance, and each payment period of the Defendants stated in the instant sales contract shall be as follows:

Defendants 32,90,00 won (total KRW 197,940,000) in C, respectively, 32,650,000 won (total KRW 195,90,90,000) in December 15, 2011, February 15, 201, 201, the 6th intermediate payment of the second intermediate payment of the second intermediate payment of the second intermediate payment of the second intermediate payment of the second intermediate payment of the second intermediate payment of the second intermediate payment of the said payment of the said payment of the said payment of the said payment of the said payment of the said payment of KRW 115,80,00 (total KRW 195,90,000,000) (total KRW 195,90,000,000) in each of the following cases:

(3) On May 31, 2010, the Defendants agreed to pay damages for delay on May 30, 2010 2,320,320,300 Won 9,470,000 Won 9,916,00 on May 31, 2010, when concluding the instant sales contract and the instant options contract, the Defendants agreed to pay damages for delay by applying the following delayed interest rates.

The additional interest rate for the overdue period (A) shall be the average credit rate (B) of the deposit bank.

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