logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.08.17 2016가합556366
계약변경확인
Text

1. The Defendant’s KRW 139,179,720 for the Plaintiff and its related KRW 9.84% per annum from June 27, 2014 to July 25, 2014.

Reasons

Facts of recognition

Article 1 (Supply Price and Payment Method) 16,021,740 won of the first intermediate payment 10,60,000 won of the second intermediate payment 10,600,000 won of the second intermediate payment 10,600,000 won shall be paid to the account designated by the Plaintiff during the designated period of sale occupants.

Article 5 (Additional Fees, Overdue Charges, and Compensation for Delay) When a purchaser has delayed the payment of any balance and the date on which the contract was concluded has expired as a result of the delay in the payment of such balance, the late payment charge calculated by applying the average credit interest among deposit banks announced by the Bank of Korea at the time of concluding the supply contract for the overdue period, plus the late payment charge rate determined by the highest bank's share in the household loan market

As of the time of January 2013 contract (as of January 2003, the Bank of Korea announced): 5% less than one month, less than one month to 3 months, less than 7% less than three months, less than 8% less than three months to 6 months, and more than 9% more than six months (transfer of ownership) ① the supplier shall make registration of preservation of ownership within a certain period after the date of approval for use of this building.

However, it may be inevitably delayed by the project schedule, such as the authorization and permission of the relevant agency and the public notice of the transfer of unions.

(2) A purchaser shall complete the purchase price and other payments in full, and complete the registration of ownership transfer at his/her expense and responsibility within 60 days from the date the plaintiff's registration of ownership transfer is completed, and damage and public charges arising from the failure to complete the procedures for transfer shall be fully borne by the purchaser.

Around May 2013, the Plaintiff entered into a supply contract with Esplugwon Co., Ltd. and Seongdong-gu Seoul Metropolitan Government 12-37, 12-9 and 210, with a sale price of KRW 106,81,600 per heading, which paid the sale price (hereinafter “each supply contract of this case”).

On the other hand, among the supply contracts of this case, details on the registration of sale price, arrears and transfer of ownership are as follows.

arrow